[1. Declaration of a quorum and call to order.]
[00:00:05]
I WILL CALL US TO ORDER WITH A QUORUM FOR THE CHARTER REVIEW COMMISSION AND SO LET'S TALK ABOUT PAST MEETINGS AND TAKE CARE OF OUR MINUTES FOR THEM.ANYTHING WE NEED TO TAKE UP FIRST.
[2. Discussion and possible action to approve the minutes of the Angleton Charter Review Commission meeting of August 3, 2021; August 17, 2021; September 7, 2021; and October 19, 2021.]
FRANCIS, HERE OF THE MINUTES FROM LAST TIME AS EVERYBODY LOOKED AT THEM.I DON'T HAVE ANY ADDITIONS OR CHANGES TO THE LAST MEETING MINUTES FROM HERE.
YOU KNOW ANYTHING. ALRIGHT, I'LL MAKE A MOTION TO APPROVE.
ALL IN FAVOR BY ANY OPPOSED NAY.
ALL RIGHT, THE MOTION CARRIES WITH IT ARE APPROVED.
[3. Discussion and possible action on the previously proposed charter amendments.]
LET'S TALK ABOUT THE [INAUDIBLE] WHAT WE TALKED ABOUT LAST TIME, WHERE WHERE ARE WE GOING TO START? WELL, ON THAT NOTE, LAST TIME YOU WENT BACKWARDS AND THEN WENT FORWARD? RIGHT. SO TECHNICALLY WE STOPPED AT 6.06 . BUT IF YOU LOOK FROM 6.06 TO 6.13, THERE WAS NOT REALLY ANY COMMENTS OR CHANGES THAT I HAD RECEIVED. SO OSTENSIBLY, IF YOU DON'T HAVE ANY OBJECTION, I THINK WE NEED TO START WHERE WE SHOULD HAVE STARTED LAST TIME, WHICH IS 6.13.BUT WE APPROVED A BUNCH OF THINGS.
ONCE MICHELLE LEFT, WE COULD GET THEM THROUGH.
I DON'T SEE ANYTHING ANY PROPOSED CHANGES ON SIX ONE ONE THREE, IS THAT ACCURATE? SO, UM, I'M SORRY TO INTERRUPT, YOU KNOW? THE OTHER THING WE COULD DO IS I KNOW THAT FRANCIS HAD MENTIONED BEFORE ABOUT NOT GETTING SLOWED DOWN BY READING, REREADING SOME OF THE THINGS.
SO WHAT I WOULD PROPOSE IS LET'S MOVE TO SIX POINT ONE THREE AND TRY TO FINISH SIX, AND THEN I CAN GO BACK AND SAY, ALL RIGHT, THIS IS WHAT WE TALKED ABOUT ON OCTOBER TWENTY SEVENTH. IS THAT ALL RIGHT WITH YOU FRANCIS.
MAKES SENSE TO ME. OK, ALL RIGHT.
THAT WOULD BE HEAR ALL THE REST OF SIX HOURS WITHOUT IT.
SO WE'RE ON SIX POINT ONE THREE?
[4. Discussion and possible action on the Home Rule Charter and Blodgett pages.]
OK. ALL RIGHT, SO THIS IS AN INITIATIVE IS WHERE THE POPULATION CAN CREATE THEIR OWN LEGISLATION TO SEND TO THE CITY COUNCIL.ONE OF THE THINGS WE DON'T KNOW IF WE GOT HERE OR NOT, BUT IS A NOTICE TO PROCEED.
YOU DID HAVE IT ON RECALL, AS I RECALL, NO PUN INTENDED, BUT IT'S I HAVE FOUND WITH CITIES THERE'S SO MUCH PALACE INTRIGUE GOING AROUND WHEN YOU HAVE.
DO YOU HAVE A PETITION GOING AROUND TO CREATE A NO SMOKING ORDINANCE OR NOT OR TO BAN THIS OR NOT? SO IT'S GOOD TO, I THINK, TO HAVE WHOEVER CIRCLING THE PETITION AND WE CAN DO IT LIKE WE DID IN THE PREVIOUS ONE.
IF I CAN FIND THAT REAL FAST TO HAVE A NOTICE.
[00:05:02]
AND WE CAN PROPOSE LANGUAGE FOR THAT IF YOU WANT IT, BUT IT'S BASICALLY STARTS THE CLOCK RUNNING RIGHT FOR THE TIME THAT THEY HAVE TO GET IT.YES, BECAUSE TYPICALLY IT'S ONE HUNDRED AND EIGHTY DAYS FROM THE DATE, THE FIRST SIGNATURE APPEARS ON IT. SO THE PETITION WOULD BE THE TYPICALLY THE WAY IT RUNS IS THE PETITIONER FILES THE NOTICE TO PROCEED THAT HAS WITH THE PROPOSED PETITION AND, YOU KNOW, AT LEAST ONE SIGNATURE ON IT.
SO THAT STARTS THAT CLOCK AND YOU HAVE A CLEAR STARTING GUN, CLEAR PISTOL TO GO.
SO IF YOU WANT THAT INSERTED IN 613, WE CAN CERTAINLY DO THAT.
THAT WAS THE ONE THAT CHANGED QUITE A BIT.
YES. NOTICE OF INTENT TO CIRCULATE A PETITION REQUIRED PRIOR TO THE DATE.
SO 6.03 WAS A PETITION FOR RECALL AND REINSERTED.
WE. THE INSERTION? YEAH, SO THERE WOULD BE THE SAME.
IF THE COMMISSION SO WANTS IT.
NEXT DO YOU WANT 30 PERCENT? 30 PERCENT OF THE VOTES CAST IN THE LAST ELECTION OR 30 PERCENT OF THE REGISTERED VOTERS OR SOME OTHER PERCENTAGE? SO IT'S A NUMERATOR AND A DENOMINATOR.
WOULD IT MAKE SENSE TO HAVE IT BE THE SAME PERCENTAGES AND NUMBERS AS 6 .03? IT WOULD BE CONSISTENT.
SOME CITIES BELIEVE THAT ON RECALL, YOU SHOULD HAVE A LITTLE HIGHER PERCENTAGE.
I THINK YOU WOULD NEED A HIGHER THRESHOLD FOR A PERSON.
SO FOR 603 IT SAYS FOR 40 PERCENT UP THE NUMBER OF VOTES CAST.
SO YOU SAYING 30 PERCENT OF THE NUMBER OF VOTES CAST WOULD BE OK SINCE IT'S LESS THAN THE 40? SINCE IT'S NOT FOR RECALL, SINCE IT'S FOR BASICALLY CITIZEN LEGISLATION VERSUS.
SOMETHING THAT COULD REALLY, I GUESS, COULD USE JUST MORE OF A TOOL OF HARASSMENT.
SO WE'LL KEEP IT EXACTLY, BUT WE'LL KEEP IT CONSISTENT WITH THE VOTES CAST, NUMBER OF VOTES CAST, BUT JUST INSTEAD OF JUST 30.
SO THAT WILL CONSTANTLY FLOAT AFTER EACH ELECTION.
LAST ELECTION, OBVIOUSLY WAS VERY HIGH BECAUSE OF THE NATIONAL POLITICS, THE ELECTION TODAY I VOTED.
THERE WERE 12 MACHINES IN ME AND ONE OTHER PERSON.
I WAS DOING IT AT 4:30, GOING, I HOPE THIS DIDN'T TAKE LONG BECAUSE I GOT TO GET TO ANGLETON. WE WALKED IN AND IT WAS LIKE, WE'RE THE ONLY ONES THERE.
YEAH. THE WHOLE PLACE TO MYSELF WHEN I WENT A COUPLE OF DAYS AGO.
SO 30 PERCENT OF TODAY'S ELECTION IS GOING TO BE SMALL.
YEAH, AND THAT'S FINE IF THAT'S WHAT YOU WANT.
THE REGISTERED VOTERS IS A LITTLE MORE STABLE FIGURE, BUT YOU KNOW, SOME PEOPLE, IT'S REGISTERED THEM. I MEAN, I'M COMFORTABLE WITH THAT LANGUAGE BECAUSE IT TALKS ABOUT 30 PERCENT OF THE VOTES CAST AT THE LAST REGULAR OR AT LEAST A HUNDRED AND FIFTY, BASICALLY WHATEVER NUMBER IS GREATER.
AND I MEAN, WE CAN PLAY AROUND WITH THE ONE 50 NUMBER.
BUT I DO LIKE THE IDEA OF SETTING SOME KIND OF BAR.
I MEAN, BECAUSE OUR TURNOUT IS HISTORICALLY PRETTY SMALL, LIKE EVERY PLACE ELSE, RIGHT? I MEAN, UNTIL YOU RAISE TAXES, WHAT AFFECTS THE POCKETBOOK? PEOPLE COME OUT. I'M COMFORTABLE WITH WHAT IT IS NOW.
SO 30 PERCENT AND MINIMUM, ONE HUNDRED AND FIFTY, WHICHEVER IS GREATER.
ALL RIGHT. DOWN WITH THE SENTENCE THAT BEGINS, SUCH A PETITION SHALL BE FILED AND THE PERSON PERFORMING THE DUTIES OF CITY SECRETARY, I DON'T KNOW WHY THEY JUST DIDN'T SAY THE CITY SECRETARY WITHIN FIVE DAYS OF FILING THE PETITION.
WE'VE GONE THROUGH THIS RECENTLY IN ROSENBERG ON TWO PETITIONS AND IT WAS 10 WORKING DAYS
[00:10:08]
AND THAT WAS BARELY ENOUGH.AND THE CITY SECRETARY DELEGATED IT TO HER TWO ASSISTANTS BECAUSE SHE WAS OUT OF TOWN AND THEN THEY WERE REVIEWING THEM.
AND IF THEY KNEW THE PERSON, THEY VALIDATED THE SIGNATURE.
AND NO, YOU CAN'T DO THAT EITHER.
IT AND ONE OF THEM WAS THE ACTUAL CITY COUNCIL MEMBER THAT WAS FLOATING THE SIGNATURE, AND HIS REGISTERED VOTER NAME IS TIMOTHY.
HE SIGNED IT TIM IT'S DISQUALIFIED BECAUSE YOU TOP IT IN THE COMPUTER.
AND IF IT BOUNCES BACK FROM THE LOCAL COUNTY REGISTRAR, IT BOUNCES BACK.
SO IT TOOK SOME TIME WITH TWO PETITIONS BACK TO BACK, SO I WOULD SUGGEST AT LEAST 10 BUSINESS DAYS.
I DON'T WANT FRANCIS TO GET THE PAPERS WORKING TOO HARD.
SO WHAT CHANGED FOR AFTER 10 DAYS? BUSINESS DAYS, BUSINESS DAYS.
SO TWO WEEKS AGO? SO HERE. YES.
IF YOU'RE IN AUSTIN EVERY DAY, YEAH, WE MAY GO IN WITH YOUR PERMISSION AND CLEAN UP THE PARAGRAPHS SOME INSTEAD OF A BIG OLD, LONG PHRASE OF THE PERSON PERFORMING THE DUTIES OF CITY SECRETARY.
JUST SAY THE CITY SECRETARY OR HER DESIGNEE GET LONGER.
BUT YEAH, CAN WE NAME FRANCIS BY NAME? I MEAN, THE PERSON PURSUING THE DUTIES OF CITY SECRETARY, FRANCIS AGUILAR FOREVER.
AND WE DON'T NEED ANY OF THIS STUFF ABOUT THE OPEN MEETINGS ACT.
OPEN MEETINGS ACT APPLIES ANYWAY, SO WE WE CAN CLEAN THAT UP.
THEN THE LAST SENTENCE SAYS THAT YOU'VE GOT TO HOLD A MUNICIPAL LECTURE WITHIN 60 DAYS THAT DOESN'T MEET CURRENT ELECTION LAW.
NOW THERE MAY BE AN ARGUMENT THAT THE CHARTER CAN TRUMP THAT.
BUT CAN I HAVE THE ARGUMENT THAT JUST SAY IT'S ONLY 18 DAYS MORE? JUST YOU FOLLOW STATE LAW.
WOULD THAT BE A WAY TO WORD IT? HOWEVER, IF ANY OTHER MUNICIPAL ELECTION IS TO BE HELD WITHIN? APPLICABLE LIMITS OF STATE LAW AFTER THE FILING OF THE PETITION.
I WOULD JUST SAY IT WOULD BE HELD AT THE NEXT UNIFORM ELECTION DATE BECAUSE ALL STATE LAW CHANGES. FIRST OFF, EVERY RIGHT.
OKAY? CURRENTLY, IT'S TWO DATES ME NOVEMBER.
MANY MOONS AGO, IT WAS FOUR OR FIVE DIFFERENT DATES AND THEY KEPT SHRINKING THEM DOWN.
I DON'T KNOW WHY, BUT THAT'S WHAT THE BIG BRAINS IN AUSTIN DID, SO I SALUTE AND FOLLOW IT. AND THAT'S ALL ON THE INITIATIVE PARAGRAPH.
UNLESS YOU ALL HAVE ANY MORE QUESTIONS OR.
YOU SAY AT THE NEXT WHICH DATE, I'M JUST JOT DOWN, YOU SAID INSTEAD OF THE 60 DAYS, YOU SAID AT THE NEXT...
UNIFORM ELECTION DATE, WHICH WOULD EITHER BE MAY OR NOVEMBER.
AND WE'LL SHORTEN THE PARAGRAPH OF, OK, GIVE IT A NUMBER THREE FADE ON THE SIDES.
SO WE'VE DONE A LOT OF GOOD WORK.
I THINK SHORTENING THINGS AND TAKING OUT IRRELEVANT, ANTIQUATED, DATA SO.
I AGREE MAYBE WHO WAS WHAT WAS THE WORD WE CAME UP WITH LAST MEETING, NOT MODERNIZE, SOMETHING STREAMLINE.
UPDATED YEAH, EVERYBODY KNOWS UPDATE.
YEAH. MODERN MAY SOUND TOO HOUSTON SO.
OPEN? IF YOU GO TO WINDOWS [INAUDIBLE] ALL OF A SUDDEN ADOBE IS NOT WORKING, SO THANK GOODNESS FOR MICROSOFT EDGE IT GOT IT OPEN.
614, REFERENDUMS. THIS IS WHERE THE POPULACE GETS TO VETO SOMETHING PASSED BY THE COUNCIL.
AND SO HERE THEY MADE AN EXCEPTION FOR THE LEVYING OF TAXES OR LEVYING
[00:15:06]
TAXES, ISSUING TAX OR REVENUE BONDS, WHICH IS GOOD BECAUSE YOU WOULD NEVER BE ABLE TO GET ANY OF THOSE PASSED AS HARD AS THEY ARE NOW TO GET PASSED.MOSTLY, YOU HAVE TO HAVE AN ELECTION FOR THEM, BUT I HAD ORIGINALLY PUT WITHIN 30 DAYS AFTER THE PASSAGE.
THAT WORKED TO THE ADVANTAGE OF SANITY IN AN UNNAMED CITY.
OH, WE KILLED PETITION BASED ON IT WAS PAT'S REFERENDUM PETITION BASED ON THE FACT IT WAS PASSED 30 DAYS.
IT WAS EIGHT MONTHS LATER THAT THEY WANTED TO KILL THE PROJECT THAT HAD ALREADY GONE TO THE VOTERS TO BE APPROVED.
AND NOW THEY WANTED THE SECOND BITE AT THE APPLE.
NOW IT SEEMS TO ME YOU CAN'T BE UP WE SHOULDN'T BE ABLE TO SIT ON YOUR RIGHTS, SO TO SPEAK. YOU'VE GOT TO BE PAYING ATTENTION AND SPEAK UP.
IT'S GOT TO BE REALLY OFFENSIVE TO THE POPULATION, TO EVERYBODY'S LINING UP TO SIGN.
WHEREVER, SO IF YOU WANT TO LEAVE 30 DAYS, THAT'S FINE.
OH, I'M SO SORRY, SO UM, YEAH, I'M FINE WITH THAT.
ALL RIGHT. NEXT TOWARDS THE BOTTOM, PINNING THE HOLDING OF SUCH ELECTIONS, SUCH ORDINANCE RESOLUTIONS, SHALL BE SUSPENDED, DOES AND THAT'S TYPICAL.
SO YOU DON'T GET TO SPEND IT OR DO IT PENDING THE OUTCOME OF THE ELECTION.
BUT WHAT HAPPENS IF THE BUDGET WAS APPROVED FOR, OH, LET'S GET SPECIFIC ROUNDABOUTS? HEAVENS TO BETSY.
KNOWING ONE CITY THAT LOST TWO COUNCIL MEMBERS OVER ROUNDABOUTS, DIDN'T KNOW THEY WERE SO CONTROVERSIAL. BUT DO YOU SUSPEND SPENDING A BUDGETED ITEM AS OPPOSED TO SPENDING OR SUSPENDING A LAW LIKE NO SMOKING? SO IF YOU GET THE NUMBERS TO FORCE THE ELECTION.
WHATEVER YOU ARE ARGUING AGAINST DOES NOT GO INTO EFFECT, DOES NOT HAPPEN UNTIL THE VOTERS TURN OUT AND SAY EITHER WITH YOU OR NO, WE AGREE WITH THE ORDERS.
ALL RIGHT. SO IF IN JULY COUNCIL PASSES A SMOKING ORDINANCE WITHIN 30 DAYS, YOU GET A REFERENDUM PETITION, THEN YOU HAVE TIME.
IF IT'S BEFORE THE MIDDLE OF AUGUST ABOUT THAT, YOU CAN CALL AN ELECTION AND HAVE IT DECIDED ON THE SMOKING ORDINANCE IN NOVEMBER.
IF IT'S A MONTH LATER, YOU'RE GOING TO HAVE TO WAIT ALL THE WAY AROUND TO MAY.
NOW THAT MAY BE FINE ON THE SMOKING ORDINANCE.
OK, SO SECONDHAND SMOKE POISONS LUNGS FOR ANOTHER EIGHT MONTHS.
YOU CAN TELL I'M JUST SARCASTIC BY NATURE.
BUT IF IT'S AN ITEM THAT IS IN THE BUDGET APPROVED, YOU WANT TO SUSPEND SPENDING THAT MONEY THAT'S IN AN APPROVED BUDGET.
SO YOU HAVE A SPLASH PAD THAT YOU WANTED TO CREATE.
GO THROUGH ALL THE PROCESSES IT'S BUDGETED TO SPEND THE MONEY WITH.
THE ARCHITECTS ARE THE CONSTRUCTION OF IT.
SO DOES THAT DELAY IT ANOTHER YEAR IN EFFECT, BECAUSE IT'S IN THE BUDGET AS OPPOSED TO JUST AN ENFORCEMENT ORDINANCE, THEN I'M REALLY GOING TO THROW YOU A CURVEBALL AFTER THIS.
[00:20:07]
JUST GET READY. WE CAN MAKE THAT EXCEPTION.THERE'S ALREADY EXCEPTIONS LISTED.
YEAH, AND I CAN'T TELL YOU WHICH IS BETTER, I MEAN, I JUST.
IT'S A TOUGH CALL. I DO IT DOES GIVE ME PAUSE, THOUGH.
ALLOWING SOMETHING LIKE THIS TO HOLD UP, LIKE YOU SAID, AN ITEM THAT'S REALLY GONE THROUGH THE PROCESS, THE PROPER CHANNELS TO BE APPROVED AND SLATED TO TAKE EFFECT.
NEVER JUST SEEM LIKE SOMEONE SHOULD HAVE TYPED UP EARLIER ALONG THE WAY OR SOMETHING LIKE THAT. I DON'T. DO YOU HAVE EXPERIENCE WITH ANY OF THIS? I MEAN. SAY THAT AGAIN.
THE REFERENDUM BASICALLY STOPPING THE PROCEEDING OF A BUDGETED ITEM VERSUS NOT.
REMEMBER, THEY'RE GOING TO DO THIS WITHIN 30 DAYS.
RIGHT WITHIN 30 DAYS AND WITH 30 PERCENT.
AND THAT'S ASSUMING IT'S REALLY THAT CONTROVERSIAL, BUT THAT THEY CAN GET THE SIGNATURES.
I MEAN, IF YOU LOOK AT ANGLETON, IF YOU MENTION PARKS, YOU GOT THIS CROWD OVER HERE THAT'S ALL FOR PARKS AND GET A CROWD THAT [INAUDIBLE] AND GET THIS CROWD UP HERE.
AND I MEAN, SEE, I DON'T THINK ANYONE.
MY EXPERIENCE, LIMITED EXPERIENCE IS THAT ANYONE'S THAT PASSIONATE ABOUT ONE THING THAT THEY BELONG TO.
YEAH, NORMALLY THEY TALK ABOUT RECALLING COUNCIL MEMBERS THE FIRST TIME.
I MEAN, I'VE SEEN SOMETHING LIKE THIS IN MISSOULA, MONTANA.
THEY DIDN'T HAVE WHERE YOU COULD DO A REFERENDUM AND THEY JUST VOTED OUT EVERYONE THE NEXT ELECTION.
WELL, THAT'S WHAT I'M THINKING, TOO.
YOU MAKE A DECISION THAT THAT'S UNPOPULAR.
YEAH. WHAT'S A LITTLE HINT OF THE CURVE THAT YOU'RE GOING TO? OH, YOU'RE GOT TO SWING AT THIS PITCH FIRST, BECAUSE THE THING IS THAT IF IT'S A LITTLE CURVE, IT'S ALMOST LIKE YOU CAN DIRECT THIS ON FORTY ONE RIGHT NOW.
IT'S LIKE WE'RE GETTING A CHANCE TO SEE THE FUTURE.
WE DON'T HAVE MORE INFORMATION TO MAKE A MORE IMPORTANT DECISION.
WE CAN DO THAT. SO MY CURVEBALL IS TIME OUT.
SO IF THIS HAPPENS IS, DO YOU WANT A TIMEOUT WHERE THEY CAN'T FILE ANOTHER PETITION? SO LET ME GIVE YOU A REAL LIFE EXAMPLE.
IT'S A SPLASH PAD AND IT'S A NATURE CENTER.
IT WAS A PROJECT OF THE LOCAL ECONOMIC DEVELOPMENT CORPORATION.
IT WENT THROUGH THE PUBLIC HEARINGS TO BE A PROJECT UNDER THE EDC PURVIEW THAT YOU HAVE TO DO. THEN IT COMES UP TO COUNCIL.
COUNCIL HAS AN OPEN MEETINGS ON IT.
SO THE PROJECTS APPROVED THE EDC FUNDS IT.
SPLASH PAD FOR THE KIDDOS, NATURE PARK FOR THE FAMILIES.
THE THE MAYOR AND A POLITICAL FACTION DID NOT WANT TO SPEND THE MONEY ON IT, LOST THE VOTE AT COUNCIL, SO THEY DIDN'T GET A REFERENDUM PETITION.
GOING. AND OUR FIRST 30 DAYS THERE, IT LANDS IN OUR LAP FOR THIS PETITION.
WE RULE THE PETITION INVALID BECAUSE IT WASN'T PASSED WITHIN 30 DAYS, BUT MORE IMPORTANTLY, THE STATE HAD PULLED IT OUT OF THE PURVIEW OF THIS TYPES OF PETITION BECAUSE YOU HAD ALL THESE PUBLIC HEARINGS FOR THE EDC.
SO WHEN WE TOLD THEM THAT, WE SAID, WELL, YOU CAN'T KILL IT THROUGH THE ELECTION PROCESS, BUT YOU CAN'T JUST ZERO OUT THE BUDGET, WHICH A MAJORITY COUNCIL THEN ZEROED OUT THE BUDGET. SO IT STOPPED.
THEN THE COUNTER FORCES COUNTERATTACKED.
IT GOES TO THE VOTERS TO APPROVE THE SPLASH PAD AND NATURE PARK UP TO A CERTAIN AMOUNT.
DO THE ARCHITECTURAL STUFF FOR THE NATURE PARK BECAUSE IT'S MUCH MORE EXPENSIVE, IT PASSES IN THE IN THE MAY ELECTION.
[00:25:03]
IT'S APPROVED IN THE BUDGET THROUGH ALL THE BUDGETARY HEARINGS YOU HAVE TO HAVE.AND THEN WE COME DOWN TO THAT MAYORS OUT RETIRED OR TERM-LIMITED, NEW PETITIONS COME IN THE DOOR AND I'M STILL SUFFERING FROM HALLOWEEN NOW COMES IN THE DOOR TO KILL IT AGAIN.
SO YOU'VE HAD A PUBLIC HEARING IN THE ARCTIC SEA LEVEL, YOU'VE HAD AN OPEN MEETING AT THE COUNCIL LEVEL.
YOU'VE HAD TRIED TO HAVE PETITIONS THAT WERE RULED INVALID.
YOU'VE HAD A VOTE TO CONFIRM IT AGAIN AND NOW YOU HAVE ANOTHER PETITION TO KILL IT AGAIN.
BUT IT WAS PASSED THE 30 DAY LIMIT.
SO IT'S A PING PONG BALL AND IT IS EXTREMELY EXPENSIVE FOR THE CITY, FOR THE CITY ATTORNEY AND ALL THAT.
SO SOME CHARTERS AND THIS ONE DID NOT HAVE A TIME OUT PROVISION THAT SAYS THE SUBJECT OF THE PETITION THAT FAILED MAY NOT BE BROUGHT UP AGAIN FOR TWO YEARS OR SOMETHING LIKE THAT, OR FOR THAT BUDGET YEAR, FOR THAT TERM OR WHATEVER YOU WANT.
SO HAVING SEEN THIS? YOUR CALL, BUT I WOULD SUGGEST YOU PUT A TIME OUT THAT SAYS NO PING PONG EFFECT.
I AM FINE WITH LEAVING IT HOW IT IS AND ADDING.
SO THAT WAS GREAT, SO WE GOT A CHANCE TO.
TO SORT OF HAVE ANOTHER KIND OF BALL THROWN.
RIGHT? SO WE SAW A SIGNAL CALL.
SO WHAT YOU MEAN? THAT'S WHAT WE NEED LIKE, LIKE YOU MENTIONED.
JUST ADD THAT IN AS OPPOSED TO WHAT WOULD BE A CLOSE OR JUST ANOTHER SENTENCE.
ANOTHER SENTENCE. SO WE ARE DECIDING WE DON'T WANT THINGS THAT ARE ALREADY APPROVED IN A BUDGET TO BE SOMETHING WOULD LIKE, WE WANT THOSE TO BE ABLE TO HAVE A REFERENDUM ON THIS.
YES, AS LONG AS WE ADD LANGUAGE.
I MEAN, FIRST, YOU FOR A CERTAIN AMOUNT OF REALLY GOING TO HOLD IT UP ONE, RIGHT? ALL RIGHT. WE'RE GOING TO WE WILL HOLD IT UP FOR UNTIL THE ELECTION, BUT ONLY ONE TIME ON THAT SUBJECT MATTER.
THAT SEEMS FAIR FOR FOR HOW LONG? AS LONG AS YOU PROPOSE TO THE VOTERS AND THEY PASS IT THE NEXT 100 YEARS.
YEAH. I MEAN, WHAT'S THE STANDARD YOU SAID TWO? TYPICALLY, BECAUSE IT'S TWO YEAR TERM AND THEY CAN GET VOTED OUT IF IT'S ON THAT I'M TRYING TO RECALL AND PARDON ME BECAUSE I'VE GOT SEVERAL CHARTER COMMISSIONS GOING AT THE SAME TIME, YOU ALL DECIDED NOT TO PROHIBIT MULTIPLE RECALL ELECTIONS, CORRECT? I THINK IT WAS LIMITED ANYWAY BY THE TIME FRAME, THE TIME FRAME WOULD NORMALLY LIMITED IN A TWO YEAR TERM. SO YOU DON'T HAVE ANY TIMEOUTS ON RECALLS.
SO DO YOU WANT TIME OUTS ON INITIATIVES OR REFERENDUMS? THAT'S JUST STRICTLY A POLICY CALL.
THERE'S NO WAY OF GETTING AROUND THIS WITHOUT PUTTING TIME OUTS ON IT BECAUSE OTHERWISE, I GUESS WE'RE LOOKING FOR CONSISTENCY.
[INAUDIBLE] I MEAN, ON AN INITIATIVE, THOUGH, I MEAN, IF THEY WANT TO KEEP TRYING TO PULL IT TOGETHER TO DO SOMETHING, I MEAN, THAT'S CITIZEN PREROGATIVE.
I FEEL LIKE A REFERENDUM IS A LITTLE DIFFERENT BECAUSE YOU ALREADY HAVE ITEMS AT STAKE, RIGHT? NOW, IT MAY BE SELF REGULATING BECAUSE IT'S 30 DAYS AFTER WHATEVER ISSUE IT WAS WAS PASSED, SO I DOUBT THEY WOULD HAVE TWO EFFORTS IN 30 DAYS.
PROBABLY NOT. SEEING, YOU PUT THE PROVISION THAT THE SUBJECT MATTER CAN'T BE RAISED AGAIN FOR THE NEXT FIVE REFERENDUMS IN THE NEXT TWO YEARS, ONE BUDGET CYCLE SEEMS SHORT TO ME BECAUSE IF THEY RAISE IT AND IT GETS HELD OUT AND YOU HAVE TO GO THROUGH THIS ELECTION, THEN YOU'RE ONLY TALKING TO A COUPLE OF MONTHS BEFORE.
IT'S FAIR IN YOUR NEXT BUDGET SEASON, SO TWO YEARS SEEMS REASONABLE, TWO YEARS FOR A REFERENDUM, FOR A REFERENDUM.
ANYBODY WANT TO RAISE THE BID? OH OK.
WELL, COUNCIL TERMS ARE FREE, BUT NOW.
OK. THEN WE PUT IN A TIME OUT FOR REFERENDUM ONLY, AND IT'S FOR TWO YEARS.
[00:30:14]
REASONABLE, RIGHT? REALLY, IT GIVES PEOPLE TIME TO DECOMPRESS IF IT DOESN'T PASS.AND THEN YOU FIGURE OUT WHETHER IT'S REALLY IMPORTANT OR NOT.
AND TWO YEARS IS KIND OF THAT YOU DO EVERY YEAR.
PEOPLE COULD USE THAT AND COME BACK AND, YOU KNOW, EVERY YEAR WE'RE GOING TO DO THIS.
BUT SOMETIMES PEOPLE CHANGE OUT AND IDEAS CHANGE.
AND SO NOT TO GO BEYOND TWO YEARS TO.
I AGREE. OK, SO JUST GOING TO GET THAT REFERENDUM ONLY.
REFERENDUM ONLY. I THINK, LIKE RACHEL SAID, IF PEOPLE WANT TO PULL IT TOGETHER AND KEEP WORKING ON THEIR INITIATIVE, AS MUCH AS FRANCIS WON'T LIKE THAT POWER TO YOU REMEMBER COUNCIL? WELL SHE'S THE MAIN CITY SECRETARY IN THE CHARTER, SO YOU MIGHT AS WELL.
OK, 615 IS VOLUNTARY SUBMISSION OF LEGISLATION BY THE COUNCIL.
THIS GIVES COUNCIL THE ABILITY TO SEND IT DIRECTLY TO THE VOTERS.
IT WORKS. I WOULDN'T PROPOSE ANY CHANGES TO IT.
IT'S GOOD. FORM OF THE BALLOTS.
IT'S FINE, IT MAY I MEAN, THE ELECTION CODE MAY PREEMPT THAT.
IT'S NOT NECESSARY TO HAVE IT IN THEIR.
BUT IT HURT TO HAVE IT IN THERE, I'M NOT TRYING TO JUST EVISCERATE THE CHARTER.
BUT IF YOU WANT LESS, WE CAN CERTAINLY TAKE IT OUT BECAUSE THE ELECTION CODE WILL SAY.
DO YOU THINK THERE'S ANY POTENTIAL FOR SOMEONE WHO WANTS TO BE, I GUESS, [INAUDIBLE] EVER LITIGIOUS TO SAY THIS IS HOW IT SHOULD HAVE BEEN WORDED FOR THE CHARTER AND IT WASN'T WORDED DOWN THE BALLOT? OH YES. I MEAN, SO WOULD IT BE BETTER TO JUST SAY IN WITH, SAY, LAW OR IN ACCORDANCE WITH THE ELECTION CODE? I MEAN, I JUST SAY THE ELECTION CODE, DO YOU THINK WHAT ELECTION CODE? IT'S JUST THE ELECTION CODE.
I MEAN, AT THAT POINT, IT JUST MAKES SENSE TO ELIMINATE THE SECTION SINCE IT ALREADY BE DETERMINED, AND I WILL TELL YOU, I GUESS, I GUESS SOMEBODY'S GOT A BACKGROUND IN LAW AND SUCH. WHENEVER I SEE SOMETHING LIKE THIS AND I SEE LIKE THE QUOTE UNQUOTE, WHAT WASN'T SUCH LIKE THAT YOU THINK OF STUFF THAT'S LIKE VERY LEGAL.
AND SO HOW LONG WAS THINKING, YOU KNOW, MY LINE OF WORK, I DON'T REALLY SEE THIS SO MUCH.
SO TO ME, IT'S LIKE TO MAKE IT CLEAN OR JUST TAKE IT OUT.
AND YOU SAY FREE ELECTRICAL ONLY LOOK GOOD TO ME.
I'M ON BOARD WITH THAT BECAUSE I'M ACTUALLY LOOKING AT AND TRYING TO SORT THROUGH THIS.
SO IF WE COULD JUST REWORK THAT WORDING IN REFERENCE? OK, SO UNDER MICROSOFT EDGE, I DON'T KNOW HOW TO DO THAT, BUT LET ME JUST PUT IT IN A NOTE TO MYSELF IF THIS THING WILL ALLOW ME TO DO NOTES.
OK, WE'RE JUST GOING TO GO WITH THAT.
I DO NOT KNOW. AND IT'S ON FACEBOOK.
YOU HAVE A ELECTION CODE REQUIREMENTS FOR CALLING A SPECIAL ELECTION.
ON AMENDMENTS THAT HAVE SPECIFIC LANGUAGE REQUIREMENTS.
I DON'T KNOW WHY YOU WOULD PUBLISH IT IN THE NEWSPAPER.
I FEEL LIKE WE'VE TALKED ABOUT THAT IN OTHER SECTIONS, TOO.
TAKING OUT THAT LANGUAGE ABOUT NEWSPAPER BECAUSE THERE ARE DIFFERENT, MORE ECONOMICAL AND
[00:35:02]
EFFECTIVE WAYS THAT YOU PUBLISH THINGS, RIGHT? FRANCIS. SO CAN WE GET RID OF THE NEWSPAPER LANGUAGE AND.SURE. I MEAN, IF YOU WANT TO SAY IT'S POSTED ON THE CITY'S WEBSITE, YOU CAN IF YOU WANT TO REQUIRE A PUBLIC HEARING, YOU CAN.
THE QUESTION IS, SHOULD YOU? DID WE WHEN YOU SAY SOMETHING WHICH IS IN ACCORDANCE WITH STATE LAW? SURE. BECAUSE STATE LAW NEXT YEAR COULD SAY, RIGHT, GOT TO PUT IT ON TICK TOCK.
THAT'D BE GREAT. SO SHALL PUBLISH AT LEAST ONCE.
AND IMPORTANCE THERE, HOWEVER, SHALL PUBLISH IN ACCORDANCE WITH STATE LAW AT LEAST ONCE THE PROPOSED FOR FOR AN ORDINANCE OR RESOLUTION.
SIX 18 ADOPTION, ORANGE SAYS ONCE IT PASSED, YOU GOT A.
YOU ACTUALLY GOT TO PUT IT INTO EFFECT.
SIX, 19, I WOULDN'T ADD OR I WOULD TAKE IT OUT BECAUSE THERE'S A LITTLE STATE LAW CALLED THE CODE CONSTRUCTION ACT, AND IT'S HOW YOU INTERPRET LAWS AND IT SAYS THE LAST ONE RULES, IF THERE'S INCONSISTENT SO YOU DON'T NEED IT IN THE CHARTER, STATE LAW TAKES CARE OF IT. SO WE'LL JUST 618 OUT, CORRECT? PRETTY. WHICH FREE NUMBERS? SIX, 20 TO SIX, 19 OR DO WE LEAVE SIX, 19? FOR FUTURE USE, WE'LL PROBABLY JUST PUT RESERVED INSTEAD OF HAVING TO GET IT.
I MEAN, ONE OF THE PROPOSED AMENDMENTS WILL HAVE IS THAT NON SUBSTANTIVE CHANGES TO THE CHARTER CAN BE DONE BY A VOTE OF CITY COUNCIL KRAMER OR REMEMBER.
WE DON'T HAVE THAT IN THERE YET.
SO WE'LL GET RID OF SIX, 19, SIX POINT ONE EIGHT.
620, I PUT NEVER, EVER REALLY ON THIS ONE.
SO, YOU KNOW, FOREVER IS A LONG TIME AND NEVER IS A LONG TIME, AND THEY ALWAYS TEACH LAWYERS NEVER SAY NEVER OR FOREVER.
I JUST DON'T THINK YOU NEED THAT.
I THINK IT'S POOR POLICY BECAUSE WHAT WAS DONE BY PETITION IN THE TWENTY TWENTY ONE AND TWENTY TWENTY EIGHT.
I'M GOOD WITH THAT. SOUNDS GOOD.
621, IT'S NOT NEEDED IF YOU WANT IT IN THERE, OK, BUT YOU'RE A HOME RULE CITY, YOU HAVE ALL THE POWER ALREADY, YOU KNOW, 621JUST STATES THE OBVIOUS.
CORRECT? YEAH. SO IT'S JUST REMOVE IT OR.
OK, 622, FRANCHISE ORDINANCES DON'T KNOW WHY IT'S IN HERE, FRANCHISES ARE NOT THAT VALUABLE FOR CITIES ANYMORE, BUT.
REFERENCES. ARTICLE NINE, WHICH WE HAVEN'T GOTTEN TO YET, BUT THAT'S FRANCHISES AND PUBLIC UTILITIES, I MEAN, IN THEORY, DEPENDING ON WHAT WE DO THERE.
AND THAT FOR THOSE ADDITIONAL REASONS, RENDER EVERY 6.22 OBSOLETE SO THEY DON'T WANT A RECALL OR REFERENDUM OR INITIATIVE ON A FRANCHISE.
SO FRANCHISES MEANS THE CABLE OR THE ELECTRICAL OR THE GARBAGE.
[00:40:07]
UM. IF HE WERE NEXT TO A MAJOR GENERATION.WELL, EVEN NOT THAT YOUR CITY WAS A MAJOR USER OF POWER, MAYBE I'VE JUST NEVER SEEN.
I MEAN, IN MY YEARS OF EXPERIENCE, I'VE JUST NEVER SEEN FRANCHISES FRANKLY AMOUNT TO A HILL OF BEANS. SO THIS WOULD BE THE CHARTER TRYING TO PREVENT SOMEONE FROM COMING IN AND CHANGING BY REFERENDUM OR INITIATIVE TO THE CITY CONTRACTS WITH FOR WASTE MANAGEMENT OR SOMETHING LIKE THAT.
DON'T LEAVE OR WE DON'T WANT AT&T BRINGING PHONE SERVICE TO THE CITY.
KICK THEM OUT. THEY CAN'T USE OUR RIGHT OF WAY.
WELL, THE STATE'S ALREADY PRETTY MUCH TAKEN CARE OF THAT.
YEAH, THEY CAN PLACE ON THE TELEPHONE POLES.
UGLY ICE BOXES THAT ARE WIFI REPEATER STATE YOUR CELL PHONE REPEATER STATIONS.
STATE LAW IS PRETTY MUCH NEUTERED IT.
SO BY TAKING THIS OUT, IT DOESN'T TAKE ANY AUTHORITY.
BECAUSE IT'S ALREADY STATE LAW.
OKAY, SO WE SHOULD JUST TAKE IT OUT.
OK. YEAH, YOU WERE GOING TO ARTICLE SEVEN.
WE'RE MOVING ALONG AND GET THIS WRAPPED UP.
SO YOU HAVE A WHOLE ARTICLE ON PLANNING AND ZONING.
WHAT TYPICALLY SAYS OR CHARTERS DO IS THE CITY SHALL ESTABLISH A PLANNING AND ZONING COMMISSION PERIOD.
THAT'S IT. AND YOU LEAVE IT TO THE CITY COUNCIL TO ADD COLOR AND FLESH TO THE BONES AND ALL THAT OTHER STUFF. YOU DON'T GET INTO PLANNING AND I DON'T KNOW WHAT ORDINANCE NUMBER THREE THREE THREE IS.
I COULDN'T FIND A THREE THREE THREE.
I'M HERE FROM THREE, THREE THREE.
I'M MAXWELL SMART AGENT THREE, THREE THREE.
WELL, THAT'S AN OLDER FOUR SIX SIX SIX.
702 SEEMS TO BASICALLY JUST SAY PUBLIC FUNDS CAN ONLY BE USED FOR PUBLIC PURPOSES AND COMPLIANCE WITH THE LAW.
I MEAN, SEVEN AND THREE, IS THAT WHERE WE WORK ON CITY COUNCIL APPOINTING A P&Z BOARD AND THEN JUST IF YOU HE WON'T EVEN GET DOWN THAT DEEP IN THE GRASS.
TYPICALLY, THE CHARTERS JUST SAY BOARDS AND COMMISSIONS.
THE CITY SHALL HAVE A PLANNING AND ZONING COMMISSION BECAUSE TECHNICALLY THE CITY COUNCIL COULD ACT AS THAT. BUT THEY KNOW IT REALLY WILL BE LONG TO REALLY BE GETTING INTO MINUTIA TO SAY HOW IT'S GOING TO BE COMPRISED IN YOUR CHARTER.
I MEAN, ISN'T THAT SOMETHING THEY COULD JUST BE DONE BY ORDINANCE? CORRECT. YOU COULD HAVE ORDINANCES.
IT'S ALREADY HANDLED BY OUR ORDINANCES.
THE FIRST CONSTITUTIONAL AMENDMENT ON THE VOTING BALLOT TODAY WAS SO THE HOUSTON LIVESTOCK SHOW AND RODEO COULD DO RAFFLES AT THE RODEO, AND WE HAVE TO HAVE FOUR HUNDRED AND FORTY FIFTH AMENDMENT FOR THE RODEO.
SO I WOULD REDO 7.01 IF IT IS Y'ALL'S PLEASURE TO JUST SAY YOU ESTABLISH A PLANNING AND ZONING COMMISSION.
I WOULD DELETE IT COMPLETELY BECAUSE YOU HAVE A DEVELOPMENT CODE OR LAND USE CODE UNDER CHAPTER TWENTY EIGHT THAT ALREADY ESTABLISHES THAT.
YOU DON'T NEED IT ETCHED IN THE CONSTITUTION.
I DON'T THINK YOU HAVE TO BE A REAL PROPERTY OWNER THAT HARKENS BACK TO YESTERYEAR, WHERE THE LANDOWNERS VERSUS THE MERCHANTS IN THE SEVENTEEN HUNDREDS AND, YOU KNOW, YADA YADA
[00:45:03]
YADA. I GUESS THE CHARTER COULD SAY IT, BUT WHY I WOULD DELETE 7.03, BECAUSE THAT'S ALREADY DETERMINED BY ORDINANCE ANYWAY, IT'S ALREADY BY CHAPTER TWENTY EIGHT OF YOUR CODE. FOR SO MANY REASONS, I THINK THAT SHOULD BE DELETED.YEAH, YEAH. WHAT ABOUT THE BOARD OF ADJUSTMENT? WE WILL GET TO THAT IN JUST A SECOND, I WANTED TO SAY THIS BEING FOLLOWED.
I DON'T KNOW. IS THE PLANNING COMMISSION? ARE THEY SERVING TWO YEAR TERMS? YES, THEY ARE, BUT THEY GET AD INFINITUM.
YOU KNOW, I WAS GOING TO SAY I REMEMBERED WE WERE ON FACEBOOK.
IT IS WHAT IT IS THAT WHICH IS THE LUXURY OF AN ORDINANCE THAT YOU CAN REVISIT AND TAKE CARE OF IT AT THE COUNCIL LEVEL AND NOT HAVE AN EXPENSIVE AMENDMENT IN YOUR CONSTITUTION.
SO IS THAT A MAJORITY OR REMOVE 7.03? YES, YES. THEY GO INTO VACANCIES, NO POWERS AND DUTIES.
I JUST DON'T THINK YOU SHOULD HAVE IN YOUR CHARTER AND HERE I AM DICTATING AND I SAID I WOULDN'T DICTATE. BUT IN 7D, I JUST DON'T WANT IN MY CHARTER SLUM DISTRICTS OR BLIGHTED AREAS. I DON'T WANT TO ADMIT I HAVE SLUM DISTRICTS ARE BLIGHTED AREAS.
I JUST. SO HAS THE CITY MANAGER 90 DAYS BEFORE THE BEGINNING OF THE BUDGET YEAR, EVER RECEIVED A LIST OF RECOMMENDATIONS FOR CAPITAL IMPROVEMENTS FROM THE PLANNING COMMISSION? SO WE SUBMITTED IT TO P&Z THIS YEAR? NO, FROM P&Z TO TO, YOU KNOW, WE BROUGHT IT TO THEM SO THEY COULD OPINE ON WHAT WE SUBMITTED AND HAD FEEDBACK PRIOR TO SUBMISSION TO COUNCIL.
SO DID THEY GIVE YOU THEIR LIST OF RECOMMENDATIONS? NO. SO THEY LOOKED IT OVER.
I THINK THEY ASKED FOR A THIRD.
COME BACK NEXT MONTH, KIND OF THING.
AND WE HAD SOME DISCUSSION ON IT, BUT I DON'T THINK THERE WAS ANY REAL.
SO YOU'RE USING THEM KIND OF LIKE A CAPITAL IMPROVEMENT COMMITTEE.
WELL, WE'RE FOLLOWING THE CHARTER.
YES. AND REALLY SHOULD BE GEARED TOWARD I WOULD ASSUME, DEVELOPMENT LIKE, YOU KNOW, WE'RE DOING A ROAD PROJECT THAT WOULD HELP MOBILITY OR SOMETHING, BUT WE DIDN'T GET IN THAT KIND OF DEPTH. THAT WAS REALLY.
SO THIS IS THE FIRST YEAR WE PUT TOGETHER THE CAPITAL IMPROVEMENT PROGRAM.
AND SO ALL THE DEPARTMENT HEADS SUBMITTED THEIR LIST OF STUFF, BUT WE DIDN'T CATEGORIZE IT IN MOBILITY OR AS PUBLIC WORKS.
BUT A LOT OF WATER AND WASTEWATER STUFF, THERE'S THINGS LIKE ANDERSEN ROAD PROJECT WE'RE WORKING ON. WE DON'T HAVE A DOLLAR AMOUNT YET OR SOME OTHER THINGS THAT WE COULD SAY, THIS WOULD IMPACT THAT.
BUT AGAIN NOW IT'S WAS ACTUALLY FLOWING THE OPPOSITE DIRECTION THAT THIS DICTATES.
THAT WAS Y'ALL ASKING THEM TO CONSIDER THINGS VERSUS THEM STRATEGIZING, AND THEY'RE VOLUNTEERS. THEY MEET SURE ONCE EVERY TWO WEEKS AND ONCE EVERY MONTH.
SO I JUST AGAIN RIP ALL THAT OUT, AND THAT'S ESTABLISHED BY THE ORDINANCE AND THE COUNCIL WITH DIRECTION FROM THE CITY MANAGER CAN SAY HOW IT SHOULD FLOW AND WHO HE WANTS TO LISTEN TO. AND I'D GET RID OF FIVE, TOO.
WE DON'T NEED A LIAISON OR A STATED LIAISON.
SO THE PLANNING AND ZONING COMMISSION DECIDES WHAT IS LEGALLY RIGHT FOR CONSIDERATION.
AS REQUIRED BY STATE LAW, IT'S REQUIRED BY STATE LAW.
LAWYERS WILL ARGUE FOREVER WHAT IS RIGHT OR NOT, RIGHT? IT ACTUALLY IS.
IT IS, BUT I JUST WOULDN'T FOIST IT ON THE PLANNING COMMISSION TO DETERMINE THAT.
SO G PROBABLY NEEDS TO GO WELL.
YOU CAN LIST THAT OUT IN THE CHARTER IF YOU WANT TO.
[00:50:06]
I WOULDN'T LISTED AS IT IS, EVEN THOUGH IT WAS LOOKS LIKE IT WAS AMENDED 4/13 OF 21.I DON'T KNOW WHAT THAT AMENDMENT WAS.
UM, YOU CAN DETERMINE WHAT GOES TO THE ZBA YOU WHAT MAY BE APPEALED TO CITY COUNCIL, THERE'S DUE PROCESS RIGHTS AND HAVING AN APPEAL, RIGHT? FOR INSTANCE, IN ANGLETON WAS A LITTLE DIFFERENT WHEN WE FIRST CAME HERE, THE MUNICIPAL COURT WAS DECIDING SUBSTANDARD BUILDINGS AS OPPOSED TO A SUBSTANDARD BUILDING COMMISSION, WHICH IS THE NORMAL OR WHICH IS THE USUAL WAY.
OR, IF YOU WANTED TO MAKE THE ZBA DO THAT TO, YOU COULD.
UM, BUT TYPICALLY A BOARD OF ADJUSTMENT IS THE APPELLATE BODY THAT IF I DON'T KNOW, THE CITY MANAGER DECIDES NOT TO GIVE A CERTIFICATE OF OCCUPANCY TO A CONVENIENCE STORE THAT SPENT $8 MILLION OPENING UP ON THE TRUCK ROUTE, WHICH IS ODDLY SPECIFIC, NOT IN THIS COUNTY.
THEY HAVE AN APPELLATE RIGHT TO APPEAL THAT DECISION TO THE ZBA, SO PEOPLE GET HUNG UP ON THE WORD ZONING, BUT IT'S REALLY THE BOARD OF ADJUSTMENT.
ZONING IS JUST A MAJOR PART OF THEIR DOCKET, AND IT'S NOT A VERY BIG DOCKET.
SO IF YOU WANT TO SAY THEY SHALL ESTABLISH THE ZBA, THAT'S FINE.
IF YOU'RE GOING TO SAY WHAT THEIR JURISDICTION IS, THAT'S FINE.
DON'T KNOW THAT IT'S REALLY REQUIRED.
MY INCLINATION WOULD BE TO SAY THEY ESTABLISH IT, BUT THEN LEAVE THE PARTICULARS TO ORDINANCE? WELL, IT'S IN STATE LAW HOW WE ESTABLISH.
IT'S BOTH. WE ESTABLISH IT AND IT CONDUCTS ITS BUSINESS IN COMPLIANCE WITH STATE LAW AND CITY ORDINANCE. PERFECT.
SO SEEM LIKE A LOT OF THE STUFF THAT WE'RE DOING RIGHT NOW LOOKING AT THE HEADINGS, IT'S PRETTY MUCH THE HEADING. IT'S GOING TO BE THERE.
IT'S JUST THAT IT'S GOING TO BE IN ACCORDANCE WITH [INAUDIBLE] A LOT OF THIS HAS BEEN PREEMPTED BY STATE LAW.
SO LIKE THE SECRET POLICE, WE NOW HAVE THE ALTERNATIVE ZONING COMMISSION WITH THREE THREE THREE AS THE PASSWORD TO GET IN THE DOOR.
AND I DON'T KNOW WHY YOU WOULD WANT AN ALTERNATIVE ZONING COMMISSION, SO IT SHOULD GET ON THE BIG CATAPULT.
WELL SEE BACK IN THE DAY WHEN THIS WAS PROBABLY DONE? SUPPOSE THE ZONING COMMISSION CAN MAKE IT BECAUSE FOR WHATEVER REASON, CERTAINLY YOU GOT AN ALTERNATE TO FILL IT, I GUESS.
BUT LIKE YOU SAY, WHAT'S THE PURPOSE? WELL, THIS IS SAYING THE ZBA OR THE CITY PLANNING COMMISSION MAY, AT THE DISCRETION OF CITY COUNCIL, ACT AS A ZONING BOARD.
I DON'T KNOW WHAT THE ZONING BOARD IS.
YEAH. THERE IS NO ZONING BOARD, THERE'S ONLY A PLANNING COMMISSION AND ZONING BOARD OF A JUDGE.
MAYBE THAT'S WHAT THEY'RE TALKING ABOUT THIS.
I DON'T KNOW WHAT THEY LOOK LIKE.
WE DON'T KNOW. WELL, HOW'D IT GO? WELL, THE ORIGINAL GUYS MAY KNOW THOUGH, RIGHT? IN NINETEEN SIXTY FIVE, THEY.
YEAH, I WOULD I WOULD SAY TAKE IT OUT.
WE'RE UPDATING THAT TO OBLIVION.
YES. AND RAISE YOUR HAND, TURN IT AROUND.
DID WE DO THIS EARLIER? WHY DIDN'T YOU DO THIS EARLIER? EARLIER? WELL, IT'S WHY I'M BEING COUNSELED ALL THE TIME.
ALL RIGHT. WE'RE READY FOR MUNICIPAL FINANCE.
801, EVERY CITY I KNOW, EXCEPT FOR MISSOURI CITY AND MAYBE HOUSTON IS ON A FISCAL YEAR OF OCTOBER ONE TO SEPTEMBER 30TH.
THAT'S WHAT WE ARE. YOU SHOULD JUST KEEP IT.
BUDGET, EIGHT POINT ZERO TWO CAN BE BOILED DOWN TO ONE SENTENCE.
THE CITY MANAGER SHALL PREPARE ONE AND PRESENT IT TO CITY COUNCIL BLANK DAYS BEFORE THE BEGINNING OF THE FISCAL YEAR PERIOD.
THE ALL THE FINANCING THAT THE STATE REQUIRES AND THE AUDITS THAT THE AUDITORS GO THROUGH AND THEIR STANDARDS.
YOU YOU JUST DON'T NEED ALL THIS, IT'S ALREADY TAKEN CARE OF, SO WE DON'T NEED ONE
[00:55:05]
THROUGH 14 OF THE LIST.I SHOULD JUST BE JUST WIPED OUT WITH JUST ONE SENTENCE.
I MEAN, YOU COULD ALWAYS CODIFY THAT IN, UM, YOU KNOW, ORDINANCE, RIGHT? YOU NEED TO AND SAY THE CITY MANAGER WILL PRESENT THE BUDGET IN ACCORDANCE WITH THE CHARTER AND THEN ALL THE REQUIREMENTS.
SOUNDS GOOD. AND, YOU KNOW, YOU COULD ALSO ADD IN BEST PRACTICES OR SOMETHING THAT'LL MAKE THE PEOPLE WANT TO VOTE PART.
YES, PUT THE CHARTER ON A DIET? YEAH. WE'RE GONNA SLIM THIS DOWN NO MORE DOUBLE WIDE, WE'RE COMING DOWN.
8.03, I JUST LOVE THE FACT THAT THE CHARTER SAYS IT HAS TO BE IN PARALLEL COLUMNS OPPOSITE TO SEVERAL ITEMS OF THE REVENUE.
YOU DON'T NEED IT. NOR DO YOU NEED A POINT ZERO FOUR? I'M NOT AGAIN, PARALLEL COLUMNS.
DO NOT HAVE EXCEL IN TWO THOUSAND SEVEN.
THEY DID. I TOOK THE COMPUTER CLASS THAT YEAR, SO I REMEMBER I MEAN, HE'S GOING TO PREPARE HE OR SHE WILL PREPARE A BUDGET IN THE FORMAT THAT CITY COUNCIL WANTS.
IF YOU'RE MY WIFE RUNNING HER BUSINESS, SHE STILL HAS TO GO TO TWO OFFICE SUPPLY STORES THAT SELL GREEN COLUMMAR PADS BECAUSE SHE WON'T USE HER QUICKBOOKS.
LIVE STREAM. YEAH, I KNOW, I KNOW ON PURPOSE.
DONNA, DO YOU HEAR THAT WITH TWO OFFICE SUPPLY STORES BECAUSE ONE DIDN'T EVEN CARRY THEM? YEAH. SO PROBABLY WHEN IT WAS A MINUTE BACK IN 07, MAYBE THE GUYS AMENDED IT, BUT REALLY DIDN'T PAY MUCH ATTENTION TO THE VERBIAGE AND JUST KEPT PARALLEL IN THERE BECAUSE IT WAS JUST THERE.
PROPOSED EXPENDITURES AND ANTICIPATED REVENUES, AND THAT IS A BUDGET.
WHAT ELSE? YEAH, I'M FINE WITH DELETING 803 AND 804.
ANY THOUGHTS OR OBJECTIONS? NO OBJECTIONS? 805, I MEAN IT'S A MATTER OF STATE LAW, RIGHT? IT GETS PUBLISHED ON THE WEBSITE REFERENCES.
ALL RIGHT. SO DOES IT EVEN NEED TO BE IN THERE OR SHOULD I MEAN, OR DOES IT STAY? AND WE JUST SAY AS REQUIRED BY STATE LAW, THE BUDGET SHALL BE, WE CAN PUT IT UP IN 8.02.
OK. MAKE IT TWO SENTENCES, GET A LITTLE CRAZY HERE.
GET RID OF EIGHT OH THREE AND EIGHT OH FOUR.
YEAH. SO GUESS WHAT? WE OPERATE UNDER THE PUBLIC INFORMATION ACT AND THE BUDGET IS A PUBLIC RECORD.
THERE'S NO SECRET BUDGET, THERE'S NO BLACK BUDGET.
WE'RE NOT RUNNING PROJECTS IN AFGHANISTAN OR ANYTHING LIKE THAT, SECRET POLICE.
WE HAVE OUR SECRET POLICE BUDGET.
I WOULD GET RID OF EIGHT POINT ZERO FIVE.
IT'S ALREADY REQUIRED UNDER STATE LAW.
SOUNDS GOOD. TO ADOPT A BUDGET AND THEN TO ADOPT A TAX RATE REQUIRES ROBUST NOTICE UNDER THE CURRENT STATE LAW THAT JUST CHANGED WITH THIS LAST LEGISLATIVE SESSION WAS A REAL HEADACHE FOR THE BUDGET OFFICERS OF THE VARIOUS CITIES.
THEY'RE ALREADY REQUIRED PUBLIC HEARINGS.
THEY'RE REQUIRED VERBIAGE TO PASS THE BUDGET.
IT HAS TO BE MAGIC,WORDS SAID, AND THEN IT HAS TO BE A ROLL CALL VOTE.
YOU JUST CAN'T SAY ALL OF THEM.
SO ROBUST IS ACTUALLY LIKE WHAT WAS? NO, IT'S JUST IT'S THAT'S MY TERM BECAUSE IT HAS TO BE.
SO THE THOUGHT HAS TO BE SO BIG.
IT HAS TO BE THIS. IT HAS TO BE THAT.
I MEAN, IT JUST GOES ON AND ON AND ON AND IT'S LIKE, OK, WE'RE PASSING A BUDGET, YOU KNOW, TAKE A BREATH, BUT LEGISLATE THIS LANGUAGE ABOUT HOW YOU ANNOUNCE YOUR TAX RATE AS THE NO NEW REVENUE AND WHICH USED TO BE A DIFFERENT MONIKER, AND IT WAS FORGOTTEN NOW.
BUT NOW IT'S NO NEW REVENUE IN AN HOUR'S.
OK, SO 8.06 IS ALREADY REQUIRED BY STATE LAW AND SHOULD BE REMOVED.
I AGREE. 8.07 SEVEN FOLLOW SUIT.
[01:00:04]
IT'S ALREADY REQUIRED BY STATE LAW AND SHOULD BE REMOVED.YOU ALREADY HAVE PUBLIC HEARINGS.
8.08 TO ME, IS A STATEMENT OF THE OBVIOUS.
YOU CAN MAKE THE BUDGET AMENDMENTS.
NO ONE'S EVER CHALLENGED MAKING A BUDGET AMENDMENT YOU CAN'T SPEND OUTSIDE OF YOUR BUDGET, BUT YOU INCREASE ONE AND THEN YOU MAKE A BUDGET AMENDMENT AND YOU BALANCE IT AT THE END OF THE YEAR AND YOU HOPE YOU HIT IT AND YOU HOPE TO GET IT NOT THERE IN THE DEFICIT BUDGET. SO DOES THAT MEAN IT CAN COME OUT AS WELL? OR IT SHOULD JUST STAY BUT BE REWORKED? OR IT SHOULD STAY? IT IS.
I WOULD TAKE IT OUT. BUT THAT'S Y'ALLS CALL.
BECAUSE COUNCIL ALREADY HAS THE POWER TO DO THAT.
CORRECT. UNDER STATE LAW AND AS A AS..
OKAY. [INAUDIBLE] I GOT THIS PEN, I'M READY. I'M STRIKING OUT DANGEROUS MAN OVER HERE.
I'M SMELLING THAT CRUST RIGHT NOW.
I'M GETTING HUNGRY. 8.09, VOTE REQUIRED FOR ADOPTION.
IT'S GOOD TO SAY. I MEAN, THAT IS THAT'S ADMIRAL OBVIOUS.
AGAIN, I WOULD TAKE EIGHT POINT NINE OUT STATE LAW ALREADY AND A LOT OF THESE WHEN WE EXPLAIN IT AND YOU PREPARE A PAMPHLET FOR THE VOTERS FOR ONLY EDUCATIONAL PURPOSES, YOU WOULD SAY. AND WE CAN MAKE THE.
THE BALLOT LANGUAGE, YOU PUT LANGUAGE ABOVE THE BALLOT LANGUAGE, THIS IS DO YOU VOTE IN FAVOR OR AGAINST AMENDING 8.09? AND IT WOULD BE 809 WOULD BE REMOVED BECAUSE STATE LAW HAS ALREADY REQUIRES A VOTE.
ALL RIGHT. 8.010 STATE LAW, EXCUSE ME, PREEMPTS IT.
BECAUSE IF YOU DON'T PASS YOUR BUDGET, YOU CAN'T PASS YOUR TAX RATE, IF YOU DON'T PASS YOUR TAX RATE, IT DEFAULTS TO THE LESSER OF WHATEVER THE TWO NO NEW REVENUE OR THE PREVIOUS TAX RATE WAS.
SO. YOU BASICALLY GO BACK TO THE LAST ADOPTED BUDGET.
YOU CAN'T AND THERE'S COME THERE'S BEEN SOME POLITICAL SHENANIGANS WHERE THAT COME RIGHT UP TO THE EDGE ON THAT.
SOUNDS GOOD. EIGHT POINT ELEVEN THAT'S CALLED AN OPEN RECORDS REQUEST, YOU CAN GET THE BUDGET YOU DON'T NEED CERTIFICATION AND COPIES MADE, AND SPEAKERS] Y'ALL DON'T KNOW WHAT A MIMEOGRAPHED IS? OH MY GOSH, I'M SO OLD.
[INAUDIBLE] WRAP IT AROUND THIS METAL THING.
CYLINDER. AND IT WENT THROUGH A CHEMICAL TO MAKE A COPY, AND IT WAS LIKE CARBON PAPER.
SO YOU WROTE ON SOMETHING THAT WAS TOO, AND YOU LIFTED ONE OFF AND YOU PUT IT ON AROUND A STEEL CYLINDER AND YOU CRANKED IT AND IT WENT THROUGH.
BECAUSE I'M GOING TO ACT LIKE I'M YOUNGER.
[INAUDIBLE] [LAUGHTER] SPEAKERS]. IT'S FROM THE 1970S.
CHURCHES USED TO RUN OFF THEIR ORDER OF WORSHIP WITH THOSE.
ALSO, THERE IS NO REQUIREMENT YOUR BUDGET BE FILED WITH THE COUNTY CLERK.
AND NOW, ACCORDING TO THIS, YOU'RE SUPPOSED TO FILE THEM WITH THE COUNTY CLERK.
YOU KNOW, YOU'RE GOING TO HAVE TO LOOK FOR YOUTUBE VIDEOS OF WHAT A MIMEOGRAPH MACHINE IS. THAT IS THE FIRST THING I'LL BE GOOGLING WHEN WE ADJOURN.
MODERNIZING BECAUSE NO ONE HAS A MIMEOGRAPH MACHINE ANYMORE.
AND I WOULD GET RID OF EIGHT POINT ELEVEN.
[01:05:02]
THE TAX CODE AND LOCAL GOVERNMENT CODE AND HOME RULE AMENDMENTS AND ALL THE OTHER GOOD LAWS SAYS YOU CANNOT SPEND MONEY OUTSIDE OF YOUR BUDGET.EIGHT POINT TWELVE REPEATS THAT I WOULD JUST GET RID OF THAT.
EIGHT POINT THIRTEEN PERCENT TO THE TAX CODE.
LOCAL GOVERNMENT ENTITIES CAN NOT HAVE A DEFICIT BUDGET IT HAS TO BALANCE, FOR BIG COUNTY BALANCES THEIR BUDGETS BY CREATING.
I KNOW WE'RE ON FACEBOOK LIVE POSITIONS THAT YOU KNOW, VARIOUS DEPARTMENTS WON'T.
THEN THEY JUST WON'T FILL THOSE DEPARTMENTS AND THAT BALANCES THE BUDGET.
SO THE BUDGET ESTABLISHES AMOUNT TO RAISE PROPERTY TAXES, THAT'S ALL UNDER THE TEXAS TAX CODE. SO IT DOESN'T NEED TO BE IN THERE, EITHER, BECAUSE STATE LAW PREEMPTS.
EIGHT POINT THIRTEEN PREEMPTS.
EIGHT POINT FOURTEEN CONTINGENT APPROPRIATIONS, I HAVE NEVER HEARD OF THAT.
PERHAPS THAT'S FOR THE SECRET POLICE, IF THEY EVER NEED IT, BUT IT CAME IN 07.
READS TO ME LIKE IT'S THE CITY MANAGER'S SLUSH FUND.
RIGHT? THE WIDOWS AND ORPHANS FUND.
UNDER THE CONTROL OF AND TO BE DISTRIBUTED BY I DID.
THAT CAME FROM MY RETIRED [INAUDIBLE].
EIGHT POINT FOURTEEN, I WOULD SUGGEST.
REMOVAL. REMOVAL. EIGHT POINT FIFTEEN.
AGAIN, THE BUDGET ACT IN THE TAX CODE REQUIRES A BALANCED BUDGET, SO YOUR ESTIMATED EXPENDITURES CANNOT EXCEED YOUR ESTIMATED RESOURCES PREEMPTED BY STATE LAW.
AND EIGHT POINT ONE SIX, YOU'RE A HOME RULE CITY, YOU HAVE THE POWER TO AMEND THE BUDGET YOU DON'T NEED.
THIS ONE ACTUALLY SAID IT IN ACCORDANCE WITH STATE LAW.
ALL RIGHT. PURCHASING PROCEDURE, YOU HAVE A PURCHASING POLICY IN THIS CITY, I DON'T KNOW, IS THAT BY ORDINANCE OR IS THAT BY CITY MANAGER RULE? THERE'S AN OLD ORDINANCE THAT IS BEING REWORKED BY OUR OFFICE RIGHT NOW.
YEAH, WE'RE CREATING THE POLICY THAT WILL RELATE TO THE ORDINANCE.
THIS IS OPERATIONS, IT'S NOT POLICY.
IT DOESN'T NEED TO BE IN THE CHARTER. IT DOESN'T NEED TO BE IN THE CHARTER.
HE SAID BECAUSE OF THE OPERATIONAL? CORRECT, AND THERE'S AN ORDINANCE RIGHT NOW THAT'S ALREADY IN EFFECT AND IT'S BEING REWORKED THAT ADDRESSES THIS SUBJECT.
NOW, THIS ONE, I MEAN, THE VERY LAST SENTENCE SAYS ALL CONTRACTS OR PURCHASES OR EXPENDITURES MUST BE EXPRESSLY APPROVED IN ADVANCE BY THE COUNCIL, EXCEPT COUNCIL MAY BY ORDINANCE CONFER UPON THE CITY MANAGER OR GENERAL AUTHORITY TO CONTRACTOR PAY FOR EXPENDITURES WITHOUT FURTHER PROOF OF THE COUNTS FOR ALL BUDGETED ITEMS. THE COST OF WHICH MADE DOES NOT EXCEED 50 PERCENT OF THE AMOUNT OF STATE LAW REQUIRES FOR COMPETITIVE BIDDING OR COMPETITIVE PROPOSALS.
WHY IF YOU HAVE A LOCAL POLICY AND I'M TRYING TO CHANNEL OPPOSITION TO THIS AND SAY, WELL, WE WANT IT IN THE CONSTITUTION, WE WANT TIGHT CONTROLS THAT CAN'T BE CHANGED AT THE WHIM OF THE COUNCIL OR CITY MANAGER, BUT 50 PERCENT OF THE COMPETITIVE BIDDING REQUIREMENTS.
SO MEGAN AND CHRIS HILL ALREADY CAUGHT THIS AND ALREADY CAME TO ME.
OK. I MEAN, THERE'S ALREADY A THRESHOLD THERE RIGHT IF IT'S FOR A CERTAIN AMOUNT, IT HAS TO GO OUT FOR BIDS.
CORRECT. SO WHAT IS IT? FIFTY THOUSAND? SO WHAT DOES TWENTY FIVE. TWENTY FIVE.
WHICH, OF COURSE, IS GOING TO CAUSE A LOT MORE WORK FOR STAFF.
SURE. WHICH SEEMS UNNECESSARY.
[01:10:02]
YEAH. ALL OF EIGHT. ALL OF EIGHT POINT ONE SEVEN SO OUR CHECKS AT THE CITY NOW BEING COSIGNED BY COUNCIL MEMBER.BUT BUT I WOULD JUST SAY THAT CITY MANAGER AND HIS OR HER BUT DESIGNEE BECAUSE WE HAVE YOU KNOW FRANCES WILL SIGN THE, I'LL SIGN THEM.
ON THE. SO THIS IS A CITY MANAGER OR HIS DEPUTY AND COUNTERSIGNED BY A MEMBER OF COUNCIL, SO EVERY CHECK IS COUNTERSIGNED BY A.
IF YOU'RE INCLUDING THE [INAUDIBLE] COUNCIL.
SO WHAT ABOUT WIRES? WHAT'S THAT? WHAT ABOUT WIRES? NO, WE'RE NOT THERE YET.
SO WHAT DO YOU WANT ON A POLICY? IS THAT SOMETHING THAT NEEDS TO BE SET OUT IN A CHARTER OR IS THAT SOMETHING THAT CAN BE GOVERNED AGAIN BY ORDINANCE? BECAUSE AS TECHNOLOGY CHANGES, HOW THE CITY PAYS ITS BILLS, I'M SURE HAS CHANGED AND WILL CONTINUE TO CHANGE.
BUT I MEAN, IN FUTURE, CONCEIVABLY WHOEVER THE DESIGNEE IS, AND I KNOW OTHER COMPANIES DO THIS WHERE ALL THE CHECKS SHOW UP ON OR WHATEVER AND SOMEONE DIGITALLY SIGNS AND THEY ALL GET APPROVED AND GO TO THE EITHER THE NEXT WICKET OR TO THE FINANCE FOLKS TO JUST SEND THE MONEY. THEN I WOULD RECOMMEND IF YOU KEEP IT, IT WOULD BE CITY MANAGER OR THEIR DESIGNEE AND THEN COUNTER SIGNED BY A MEMBER OF THE CITY COUNCIL / MAYOR.
WE'VE INCLUDED MAYOR AS COUNCIL.
RIGHT. ARE YOU TALKING ABOUT IN THIS OR DOING WELL, I'M A BIG PROPONENT OF DOING THE ORDINANCE BECAUSE PROCEDURES COULD CHANGE.
RIGHT? SO IT SEEMS LIKE WE SHOULD TAKE IT OUT FROM THE CHARTER.
AND THEN IF IT'S NOT ADDRESSED BY ORDINANCE, YEAH.
SO SO I WOULD ASSUME THAT WE'RE GOING TO HAVE SOME ORDINANCE REVISION STUFF LIKE DO OUTSIDE OF THIS THAT WE GO THROUGH AND HAND THEM ALL BACK IN.
SO AS LONG AS WE DON'T OVERLOOK THIS WE'RE THINKING ABOUT WHO'S GOING TO TAKE CARE OF IT WHEN YOU OVERLOOK THAT.
IT'S ALMOST LIKE WHEN YOU MAKE SOME NOTES OR SOMETHING AND SAY WELL THESE THINGS YOU GET PLANNED TO FALL WITHIN THE ORDINANCE.
I THINK IT WOULD ALSO BE MORE PALATABLE TO THE VOTERS TO SAY THIS IS ALREADY ADDRESSED BY ORDINANCE BLANK.
SO WE'LL BE REFERENCING [INAUDIBLE].
THIS IS DO YOU GUYS NOT HAVE AN ORDINANCE ABOUT THIS IN THE PURCHASING? I THOUGHT YOU DID ALREADY, BUT I DON'T.
JACKSON, THERE ARE A LOT OF THIS IS BY ORDINANCE.
[INAUDIBLE] SO WE WILL BE GOING THROUGH TO SEE.
I DON'T KNOW [INAUDIBLE] SAYS NOW, BUT IT'S SOMETHING THAT WE CAN PASS SINCE WE ARE [INAUDIBLE].
READY TO MOVE ON. CAN WE OR DO WE HAVE TO WAIT WE'RE WAITING. I GOT TO THIS POINT AND I THOUGHT WE WOULDN'T GET TO THIS POINT, I THOUGHT I HAD A LOT OF MUCH AND I KNOW WE WILL WRAP UP WITHIN TWO MEETINGS.
WE'LL HAVE ONE BIG REVIEW OF ALL THE PROPOSALS.
AND THEN IT WILL GO TO COUNCIL.
AND IF YOU WANT TO HAVE A JOINT MEETING WITH COUNCIL OR IF YOU WANT TO JUST MAKE THIS AS OUR WRITTEN REPORT, YOUR CHOICE, THEY DON'T TYPICALLY HAVE TO APPROVE ANY OF THIS TO GO.
I MEAN, I WOULD RECOMMEND IT PROBABLY A JOINT MEETING, BECAUSE IF THERE'S THINGS THAT THEY DISAGREE WITH OR WANT TO CHANGE, THEN.
AMENDMENTS I LIKE THE IDEA OF A JOINT MEETING, BUT WE'LL KEEP PUSHING.
ALL RIGHT. LET'S JUST KEEP PUSHING.
OK. AND WE'RE GOING TO DO THIS IN DECEMBER MEETING, IS THAT THE MEETING WE'RE TARGETING.
[01:15:03]
TO DO A JOINT MEETING WITH COUNCIL? IT SHOULD BE BECAUSE YOU'LL HAVE TO CALL THE ELECTION FOR THE CHARTER AMENDMENTS BY MIDDLE OF FEBRUARY.SO IT'S ALWAYS GOOD TO GET IT DONE BEFORE JANUARY.
SO WHEN WE HAVE OUR REVIEW MEETING, WE'LL HAVE THE ABILITY AT THAT POINT IN TIME TO MAKE SOME ADJUSTMENTS TUNE. WE DO IT THEN, RIGHT, AND THEN WE HAVE OUR JOINT MEETING.
WE'LL GIVE YOU A RED LINE OF THE CHARTER, THEN WE'LL GIVE YOU A CLEAN VERSION OF THE SLIMMED DOWN.
AND WE'LL GO THROUGH EACH OF THE AMENDMENTS BECAUSE THEY HAVE TO BE SEPARATE.
THEY'LL BE SEPARATE ITEMS TO VOTE FOR.
SO WE'RE NOT DOING A WHOLE NEW CHARTER.
BECAUSE YOU HAD TO HAVE AN ELECTED COMMISSION AND ALL THIS OTHER STUFF, BUT YOU'LL BE ABLE TO FINE TUNE IT ONE MORE TIME ONCE WE SEE THE BIG PICTURE AND YOU MAY SAY IT'S TOO MUCH, THEY WON'T PASS THIS WHOLESALE [INAUDIBLE].
BUT AT LEAST YOU'VE GOT WORK DONE UNTIL THE NEXT CHARTER REVIEW.
YOU COULD SAY THIS DIDN'T GET PASSED.
HERE'S WHAT'S LEFT. YOU AGREE.
AND I WOULD THINK ANYONE INVESTED ENOUGH TO ACTUALLY GO VOTE ON IT IS PROBABLY ALSO WATCHING OR SOMEHOW TRACKING ITS PROGRESS RIGHT NOW AND WOULD KNOW TO REACH OUT TO ANY MEMBER OF THE CHARTER REVIEW COMMISSION WITH QUESTIONS.
BUT I'M A FIRM BELIEVER AND I THINK, YOU AND I HAVE TALKED BEFORE THAT YOU MIGHT AS WELL GET IT DONE NOW. YEP.
AND SO WE'RE NOT TRYING TO [INAUDIBLE] KEEP WORKING THIS OVER YEARS AND YEARS AND GET A COMMITTEE TOGETHER AND ALL THAT SO.
EXACTLY. SINCE YOU'RE ALREADY WORKING ON IT MIGHT AS WELL DO THE WORK.
SO, DOES THAT TAKE US TO 8.21.
THAT TAKES US TO EIGHT POINT TWO ZERO.
I THINK YOU HAVE THAT INHERENT POWER, BUT IF YOU WANT TO LEAVE IT IN THERE, FINE LEAVE IT IN THERE. IT'S NOT TOO LONG.
IT'S NOT TOO WORDY. IT'S JUST RIGHT.
SO EIGHT POINT TWO ONE IS UNNECESSARY.
THE TAX CODE SAYS WHAT PROPERTY IS TAXABLE AND NON TAXABLE.
AND TEXAS IS ALREADY EXEMPTING PROPERTY.
I MEAN, YOU HAVE UNDER THE TAX CODE, WHETHER YOU WANT DISABLED, BLIND, OVER 65, HOW HIGH YOU WANT YOUR HOMESTEAD EXEMPTION OR NOT.
SO I WOULD GET RID OF 8.21 AS PREEMPTED.
ALL RIGHT. LET'S DIG INTO 8.25 AGAIN, THIS IS ALREADY RULED ON BY THE TEXAS TAX CODE ON WHEN THEY ARE DUE.
YOU KNOW YOU'VE PROBABLY BE GETTING OR YOU PROBABLY ARE GETTING YOUR TAX STATEMENTS NOW.
NO INTEREST THROUGH JANUARY 31ST, SOME PEOPLE PAY IN DECEMBER, SOME PEOPLE PAY IN JANUARY, THEY BECOME DUE ON OR THEY START CHARGING INTEREST ON FEBRUARY ONE.
AGAIN, THIS IS SOMETHING THAT'S MORE OF THE SUBJECT OF AN ORDINANCE.
SOME CITIES ALLOW PAYOUT OF THEIR TAXES.
GALVESTON, FOR INSTANCE, BIG CHUNKS DUE NOW AND A BIG CHUNK IN JUNE.
IT'S THE ONLY CITY I KNOW THAT DOES THAT, BUT I DON'T KNOW ALL CITIES.
AGAIN MORE OF THE SUBJECT OF AN ORDINANCE.
AND THIS IS ALREADY SAYING THAT COUNCIL MAY PROVIDE FURTHER BY ORDINANCE.
I MEAN, JUST THE PROCESS OF TRYING TO ESTABLISH A BUDGET AND YOU GET THE INITIAL TAX ROLL AND THEN THE AMENDED TAX ROLL AND THEN THERE'S SPECIAL LANGUAGE, BECAUSE IF YOU PROTEST IT AND IT CHANGES, THEN THAT CHANGES THE TAX ROLL, THEN YOU HAVE TO GET A NEW STATEMENT.
AND YOU JUST DON'T NEED IT IN THE CHARTER.
THE TAX IT'S PREEMPTED, WHY THEY PUT IT IN THERE, THAT THE BRAZORIA COUNTY TAX ASSESSOR
[01:20:01]
COLLECTOR IS THE ONE THAT DOES IT THROUGH AN INNER LOCAL AGREEMENT.I MEAN, IF YOU EVER I DON'T KNOW WHY CITY WOULD WANT TO DO THEIR OWN TAX COLLECTOR, FOR SOME STRANGE REASON, MY LOCAL SCHOOL DISTRICT HAS ITS OWN TAX OFFICE, SO WE GET HARRIS COUNTY AND THE CITY AND THE HOSPITAL DISTRICT, ALL OF THEM ON ONE LITTLE STATEMENT.
AND THEN HERE COMES SPRING BRANCH.
ALWAYS HIGHER THAN THE COUNTIES DRIVES ME CRAZY AS TO WHO AS OPPOSED TO ONE CONSOLIDATED TAX. BUT YOU KNOW, WHATEVER, THERE'S POLITICS AT PLAY.
SO MY LONG WINDED SERMON IS I DON'T THINK YOU NEED 8.25.
I AGREE IT'S EITHER PREEMPTED OR IT'S AN ORDINANCE.
TAX LIENS AGAIN ARE IN TEXAS LAW.
YOUR MORTGAGE HAS PRIORITY, BUT OTHER THAN THAT, YOUR TAX LIEN IS PRIORITY.
YOU DON'T NEED HOWEVER MANY WORDS THAT IS AND [INAUDIBLE] BE TO SAY THAT.
IT'S ALREADY PREEMPTED BY STATE LAW.
OK, WE'RE ON A ROLL. EIGHT POINT TWO SEVEN.
SO THIS IS SAYING COUNCIL MEMBERS OR ANY OFFICIAL CAN EXTEND TAXES, I MEAN, TO ME, THAT'S RATHER OBVIOUS, BUT MAYBE YOU NEED IT IN THERE.
IT GOES THE CITY HAS LAW FIRMS THAT COLLECT DELINQUENT TAXES. IT'S ALL HIGHLY MANAGED.
THERE'S SOME STUFF THEY CAN GIVE A DISCOUNT ON.
THERE'S, SOME THAT THEY CANNOT.
I MEAN, IT'S JUST THEY DEAL WITH IT.
IT DOESN'T NEED TO BE IN YOUR CONSTITUTION.
SO EIGHT POINT TWO SEVEN VAMOOSE BECAUSE I SAID THEY SHOULD NEVER EXTEND THE TIME FOR THE PAYMENT AND ALL THOSE DIFFERENT ABILITIES THEY HAVE.
SO JUST WIPE IT OUT COMPLETELY AND JUST HAVE TO BE CAN'T DO AND CAN'T DO.
IT SAYS, LIKE IT SAYS, THEY CAN'T SHALL NEVER EXTEND THE TIME FOR THE PAYMENT, EXCEPT AS SO MANY SO JUST WIPE IT OUT.
RIGHT? TAKE THE WHOLE THING OUT.
SO 8.02 THE LEGISLATURE HAS REALLY TIGHTENED THE REINS ON CITIES ISSUING DEBT. YOU HAVE GENERAL OBLIGATION BONDS, WHICH ARE JUST GENERAL BONDS.
YOU HAVE REVENUE BONDS USUALLY COMING FROM UTILITIES.
YOU HAVE CERTIFICATES OBLIGATION.
YOU HAVE TAX ANTICIPATION NOTES.
YOU HAVE ALL THESE DIFFERENT ALPHABET SOUPS OF DIFFERENT BONDING REQUIREMENTS THAT HAVE MOSTLY BECOME ILLEGAL NOW AND BEFORE YOU CAN ISSUE ANY OF THEM, YOU'RE TYPICALLY AND I'M SPEAKING VERY GENERALLY, HAVE TO HAVE AN ELECTION.
SO OTHER THAN A GENERAL STATEMENT THAT YOU MAY ISSUE BONDS, WHICH WE MAY FIND ANOTHER PLACE TO PUT THAT PRETTY MUCH 8.28 IS NOW IN CONTRADICTION TO STATE LAW.
YEAH, BECAUSE SOME OF THE BOND CATEGORIES ARE VERY CODIFIED UTILITIES, AND THIS AND THAT WHATEVER. AND SOME ARE VERY RESTRICTIVE, LIKE YOU CAN'T USE FUNDS FOR CITY HALLS WITHOUT A MOTOR [INAUDIBLE], WHICH WAS A SLAP AT MONT BELVIEU BECAUSE THEY DID.
AND THE LOCAL REPRESENTATIVE DIDN'T LIKE IT.
OKAY, SO WHAT IF WE JUST MADE THE FIRST PART TO THE COLON A SENTENCE THAT ENDS IN A PERIOD AND GET RID OF SUBSECTIONS ONE, TWO AND THREE? DOES THAT MAKE SENSE.
ALL RIGHT. MY GOSH, WE WENT THROUGH WE'RE ON OUR THIRD ARTICLE.
ALRIGHT FRANCHISES AND PUBLIC UTILITIES.
AFTER THAT THE POWER TO GRANT.
[01:25:02]
GRANTS SHOULD NOT BE EXCLUSIVE UNDER 03 AND 04 I WOULD GET RID OF BECAUSE ONCE YOU STATE YOU HAVE THE POWER TO CONSTRUCT OR GRANT.NO, WAIT A MINUTE. 9.10 I'D KEEP 9.02 I'D KEEP.
SO YOU CAN CONSTRUCT THE STUFF AND YOU CAN GRANT A FRANCHISE FOR THE GARBAGE TRUCK TO USE THE STREETS, AT&T TO USE YOUR RIGHT OF WAY.
CENTERPOINT GAS TO BRING GAS USE THE RIGHT OF WAY.
ALL THAT'S MOSTLY PREEMPTED BY STATE LAW.
COMCAST WITH ITS EXCELLENT SERVICE TOO.
IS THE 30 YEARS AND 9.02 PRETTY STANDARD OR.
AND I UNDERSTAND THAT YOU WOULDN'T WANT IT TO BE INDETERMINATE, BUT AS FAR AS CAPPING HOW LONG OF. IF I COULD OPEN UP MY OTHER CHARTERS, I COULD TELL YOU NOW, BUT I CAN'T OPEN THEM UP BECAUSE OF WINDOWS 11.
I'M THINKING IT'S MOSTLY 20 YEARS.
HAVE YOU SEEN ONE FOR 30 YEARS.
NO. DO WE HAVE AGREEMENT? OH THEY'D LOVE TO LOCK IN A LOW PRICE.
YEAH. HL[INAUDIBLE] OR RELIANT.
WE'RE NOT RELIANT IT'S CENTERPOINT.
SO MAYBE WE CHANGE IT FROM 30.
THEY JUST CAN'T DO IT FOR LONGER THAN 30.
CORRECT. SO JUST BECAUSE WE TELL THEM YOU CAN'T DO IT, OR JUST BECAUSE THE CHARTER SAYS YOU CAN'T DO IT LONGER THAN 30 DOESN'T MEAN THEY'LL DO IT FOR THIRTY THEY MIGHT DO IT FOR FIVE OR TEN.
I WOULD TAKE NINE POINT ZERO THREE AND PUT IT IN NINE POINT ZERO TWO JUST TO STREAMLINE.
SO YOU CAN GRANT NO MORE THAN 30 OR 20 WHATEVER NUMBER, AND IT SHALL NOT BE EXCLUSIVE.
YOU DON'T NEED THAT PROCEDURE IN TWO SEPARATE READINGS AT CITY COUNCIL.
YOU ALL DON'T HAVE SOME HOME RULE, CITIES REQUIRED DOUBLE READINGS OR TWO READINGS.
YOU READ IT AT ONE MEETING AND THEN YOU HAVE TO WAIT TO THE NEXT MEETING TO PASS IT AGAIN. AND Y'ALL DON'T HAVE THAT NOW RIGHT.
YES, SO IT DOESN'T MAKE SENSE TO CORRECT. SO ESPECIALLY A FRANCHISE.
YOU CAN HAVE NINE POINT ZERO FIVE IF YOU WANT IT, I DON'T KNOW THAT IT'S EVER BEEN A PROBLEM. I MEAN WHATEVER TEXAS LIGHTING AND POWER BECAME ANOTHER NAME.
THEN YOU'D HAVE TO GO THROUGH AND THEY WOULD HAVE TO COME THROUGH AND GET PERMISSION OF THE CITY. BUT GUESS WHAT, IF THE CITY SAID NO, THEY GO TO THE PUBLIC UTILITY COMMISSION, THE PUBLIC UTILITY COMMISSION GRANTS IT.
SO IF YOU WANT LESS AND MORE, WE CAN GET RID OF THAT.
SO IS THAT BASICALLY ONLY ABOUT THE JUST THE NAMING OF THE FRANCHISE ITSELF, ABOUT CHANGING FRANCHISES TO TRANSFER? BECAUSE WHAT YOU JUST MENTIONED ABOUT THE NAME, IF THEY WERE TO CHANGE THEIR NAME OR SOMETHING? IT WOULD. WELL, IF THEY SOLD, IF THEY STARTED A NEW COMPANY, SAY THEY NEEDED TAX PLANNING. THEY WANTED A DELAWARE LLC AS OPPOSED TO A NORTH DAKOTA LLC.
THEN IT WOULD BE A NEW COMPANY.
IT MAY BE THE SAME NAME, BUT THEY WOULD HAVE TO GET PERMISSION TO TRANSFER FROM THE CITY.
OK, I'M SURE, BUT WHAT ARE YOU GOING TO DO IF YOU SAY NO, THEY CUT OFF THE POWER? NO. AND SO I'M JUST KIND OF LIKE, LET'S FIGHT THE FIGHTS WE WANT TO HAVE, NOT THIS ONE.
I DON'T KNOW WHY 9.06 IS THERE NO VALUE? I MEAN, UNLESS.
[01:30:03]
WE'RE TALKING ABOUT RATES.RATES CAN BE SET BY THE CITY IF THEY RETAIN THEIR POWER, AND I DIDN'T CHECK TO SEE IF ANGLETON HAS RETAINED THEIR RATE MAKING POWER OR IF THEY DEFAULTED TO THE PUC.
ON THAT SOME CITIES HAVE AND THERE'S ALWAYS A COALITION OF BLANK CITIES, A NUMBER OF CITIES TO GO FIGHT THEM IN AUSTIN BECAUSE THEY'RE RAISING THE RATES.
OH, I [INAUDIBLE] OH, YOU CAN'T HAVE IT.
YOU HAVE TO GO DOWN HERE. OH, LET'S FIGHT.
LET'S FIGHT. OK, WE COMPROMISE RIGHT HERE.
AND THE AUSTIN LAWYERS GET PAID A LOT OF MONEY.
YEAR AFTER YEAR, EVERY TIME THEY ASK FOR A RATE INCREASE.
KEEPS THEM FROM PRACTICING LOCAL LAW ON [INAUDIBLE].
IF YOU WERE TO SPECULATE, WHY WAS THE NO. I HAVE NO IDEA WHAT THE VALUE OF A FRANCHISE ON SETTING RATES WOULD BE.
AND IT HADN'T BEEN TOUCHED IN YEARS.
IT'S NEVER BEEN EVER BEEN TOUCHED, RIGHT? IF YOU LOOK AT THE EDITOR'S NOTES.
CORRECT. YOU KNOW, MAYBE IN THE WILD WEST DAYS BEFORE THE PUC.
YEAH, AND RATE MAKING AUTHORITY I MEAN, THE CITIES USED TO SET RATES WELL WITHIN THIS CITY.
YOU CAN ONLY SELL ELECTRICITY AT BLANK MEGAWATTS.
YOU GET TO CONTROL, ALTHOUGH THE STATE HAS PREEMPTED, LIKE I SAID, THE UGLY REFRIGERATORS ON TELEPHONE POLES FOR CELL TOWER REPEATERS.
CITIES WERE REGULATING THOSE BECAUSE THEY DIDN'T WANT AN UGLY ICE BOXES ON THERE OR REFRIGERATORS, ON THEIR TELEPHONE POLES.
BUT THEY'VE TAKEN AWAY THAT REGULATORY POWER.
WE CAN KEEP IT IN THERE FOR WHAT IT'S WORTH.
YOU HAVE SOMETHING TO FIGHT WITH, SO I'M OKAY WITH THAT 9.07.
SO NO NEED TO SHRINK IT DOWN, JUST KEEP THE WORDING, THE VERBIAGE THE SAME.
I'LL TAKE A LOOK AT IT. LIKE I SAID, THIS IS WAY PAST WHERE I THOUGHT WE'D END UP.
OK, GOOD. YOU UNDERESTIMATED US THIS TIME.
I DID. I DIDN'T KNOW SUGAR PIE.
LET'S STICK A PIN AND 9.08 AND COME BACK TO THAT ONE BECAUSE I WANT TO FIND OUT IF THE CITY. WHAT'S THE WORD NOT ABDICATED, BUT SECEDED ITS RATE MAKING AUTHORITY TO THE PUC. AND IF THEY HAVE, THEN YOU DON'T NEED IT, BECAUSE IT'S THE PUC IF THEY HAVEN'T, YOU MAY WANT TO KEEP IT, BUT NO USE HAVING AN ARGUMENT UNTIL YOU KNOW WHAT WE'RE ARGUING ABOUT.
DOES THE CITY OWN ANY MUNICIPAL UTILITIES? GAS COMPANY.
OK, BUT NO ELECTRIC, NO GAS, NO.
IT DOESN'T NEED TO GET INTO BEST PRACTICES FOR ACCOUNTING TO SHOW CAPITAL EXPENDITURE.
THEY CALL IT GAAP GENERALLY ACCEPTED ACCOUNTING PRINCIPLES, EXCEPT THEY CALL IT DIFFERENT FOR LOCAL GOVERNMENTS.
COME ON, YOU'RE ON YOUR SUGAR LOW.
NOW I CAN TELL Y'ALL ARE FADING.
THE GREAT GATSBY. I HAD TWO PIECES OF PIE.
THAT'S WHY I SAID YOU SAID GREAT GATSBY. YES.
[01:35:02]
[LAUGHTER] SO LET US MAKE A PROPOSAL ON 9.09 TO SLIM IT DOWN, SINCE WE DO HAVE UTILITIES.ON WATER AND YOU SAID WASTE WATER OR DRAINAGE.
WASTE WATER. DO YOU HAVE A DRAINAGE UTILITY? NO. OK, NO RAIN TAX.
WE HAVE THE DRAINAGE DISTRICT, WHICH IS SUPPOSED TO TAKE CARE OF EVERYTHING.
RIGHT? RIGHT. OK, WE'LL SEE IF THAT CAN BE SLIMMED DOWN, IF THAT'S OK WITH Y'ALL.
BUT AND WHEN YOU WANT TO SAY THOUGH, LEAVE SOMETHING THERE SAYS LEAVES THE OPTION IF WE DECIDE TO BE A UTILITY FOR BROADBAND OR SOMETHING IN THE FUTURE, THAT WE COULD DO THAT WITHOUT VIOLATING THE CHARTER.
RIGHT? ONE OF THOSE LAWYERLY SAYINGS THAT CATCHES ALL THAT STUFF, RIGHT? YEAH. ET CETERA, ET CETERA, ET CETERA.
ONE OF THOSE HUH [LAUGHTER]. I CAN'T STAND THAT IN WHEN I SAY THAT IN A BRIEF OR SOMETHING, I'M LIKE, NO, THERE'S NO ET CETERA IN THE LAWS.
WHAT DO YOU MEAN, ET CETERA? ATTORNEYS.
ESQUIRE I'M GOING TO ADOPT THAT IN MY LANGUAGE JUST TO.
I'LL GET YOU ON TICK TOCK. THERE YOU GO.
SO 9.10 SELLING MUNICIPAL SERVICES.
I DON'T THINK YOU NEED IT BECAUSE YOU HAVE ALL THE POWERS OVER THE COUNCIL.
IF THEY WANT TO SELL MUNICIPAL SERVICES, WATER OUTSIDE THE CITY, THEY CAN IF THEY WANT TO. YOU DON'T NEED THE CHARTER TO DO IT OR SEWER, GARBAGE OR TRASH.
IF YOU HAD YOUR OWN BROADBAND LIKE ONE OF OUR CITIES DOES YOU'RE SELLING IT OUTSIDE OF THE CITY TO ACTUALLY PROPOSE TO ANOTHER CITY.
YOU TALKING ABOUT MONT BELVIEU AGAIN.
YEAH. IF YOU LOOK AT HARRIS COUNTY TOLL ROAD AUTHORITY, THE FORT BEND COUNTY TOLL ROAD AUTHORITY CONTRACTS WITH THE HARRIS COUNTY TOLL AUTHORITY TO DO ALL THE ACCOUNTING AND TOLL COLLECTING AND ALL THAT.
SO I MEAN, THOSE ARE JUST INNER LOCAL AGREEMENTS AND YOU CAN DO INNER LOCAL AGREEMENTS.
IT DOESN'T SEEM LIKE WE NEED IT, RIGHT? GENERAL, WE ARE ON PAGE THIRTY SIX OF FORTY ONE, WE MAY ACTUALLY FINISH.
HOW ABOUT THAT? THE GOOD NEWS IS ZERO ZERO IN ASTRO LAND.
ALL RIGHT. SO THEY'RE SHOWING UP OR IT'S A DEFENSIVE GAME.
AND AS I SAY, IN CITY MANAGEMENT [INAUDIBLE] TWO FOUR.
ALL RIGHT, THEY'RE PLAYING IN HOUSTON.
SO I MEAN, THAT SHOULD HELP, THEY SHOULD HAVE A LITTLE BOOST.
IF THEY START LOSING. WE NEED TO ADJOURN SO I CAN GO HOME AND PUT ON MY ASTRO SHIRT.
RIGHT? 10.01 OFFICIAL OATH KEEP.
10.02 GET RID OF YOU'RE UNDER THE STATE LAW FOR PUBLIC INFORMATION ACT.
10.03 STATE LAW REQUIRES YOU TO DO A OFFICIAL NEWSPAPER SO YOU CAN HAVE IT IN THE CHARTER IF YOU WANT IT, BUT I WOULDN'T, BECAUSE YOU ARE ALREADY REQUIRED TO DO IT UNDER STATE LAW AND WHY HAVE A CONFLICT.
10.04 CAN BE SLIMMED DOWN, THERE SHOULD BE A NOTICE OF A CLAIM, IT IS AT LEAST GOING TO THE CITY MANAGER.
SOMETIMES WE'RE ABLE TO USE THAT TO BUMP A CASE FOR FAILURE TO FOLLOW IT WITHIN 30 DAYS OF THE INJURY. ALTHOUGH I'VE ALWAYS WONDERED IF THAT WOULD THWART A STATE STATUTE OF LIMITATIONS. BUT.
WE'LL TAKE A LOOK AT 10.04 TO SEE IF WE CAN SLIM IT DOWN.
RIGHT NOW, IT SAYS MANAGER OR CITY SECRETARY, BUT YOU'RE GOING TO LOOK AT THAT FOR NEXT TIME. YES.
10.5, I WOULD KEEP IN THERE, I WOULD SLIM IT.
WE PUT THEM IN THERE, I WOULD SLIM IT DOWN.
IT'S OBVIOUS UNDER THE PROPERTY CODE YOU CAN'T EXECUTE ON CITY PROPERTY THAT IT ALWAYS
[01:40:10]
HELPS TO HAVE IT IN THE CHARTER IN THIS INSTANCE, TOO.YOU CAN'T EXECUTE ON CITY HALL AND CAN'T REPOSSESS CITY HALL.
YOU CAN'T GARNISH THE ACCOUNTS WITH ALL THE TAX MONEY IN IT.
10.06 WE PUT IN CHARTERS OF USE SUCCESSFULLY IN LITIGATION.
WE DON'T HAVE TO PUT UP AN INJUNCTION BOND WHY? BECAUSE OUR CHARTER SAYS WE DON'T HAVE TO.
THE JUDGES BUY IT. SOMETIMES THEY DON'T.
IN THE 50S AND 60S, YOU KNOW, THEY WERE CLEANING UP GALVESTON FROM THE MAFIA AND CORRUPTION. SO THIS IS IT COULD USE A LITTLE CLEANING UP BECAUSE IT'S NOW UNDER ONE SEVENTY ONE AND ONE SEVENTY TWO OR THREE.
WE'LL CLEAN IT UP AND MAKE IT TO TEXAS LAW, BUT YOU CAN'T HAVE AN INTEREST IN A CITY CONTRACT. YOU DON'T WANT TO CREATE A BOSS HOG THAT SAYS TO DO BUSINESS IN THE CITY, YOU HAVE TO HIRE ME AS A CONSULTANT.
TEXAS IS CRAZY, STRICT ON NEPOTISM AT 10.08.
THAT'S FINE THE WAY IT IS, I THINK IT CAN BE BEEFED UP, AND HERE I AM, ADDING WORDS TO THE CHARTER. WHO WOULD HAVE THUNK, BUT WE'LL GIVE YOU A PROPOSAL WHERE TYPICALLY.
YOU CAN'T GO ASK CITY EMPLOYEES FOR DONATIONS.
TO WHATEVER YOUR FAVORITE CHARITY IS, EVEN YOU CAN'T ASK THEM TO SUPPORT YOUR POLITICAL CAMPAIGN AND CITY COUNCIL MEMBERS CAN'T DO THAT, IF THEY DO, THEY AUTOMATICALLY FORFEIT THEIR OFFICE. BECAUSE THE BUREAUCRACY IS A BUREAUCRACY AND IT'S SUPPOSED TO BE WALLED OFF FROM THE INFLUENCE OF POLITICS.
WE'LL BRING YOU A PROPOSAL TO THAT.
NOW, IF I'M GOING TOO FAST OR YOU WANT ME TO SLOW DOWN OR SAY, YOU DON'T AGREE, PLEASE SPEAK UP.
NO GOOD WITH THE NEPOTISM, I MEAN, YEAH, I AGREE WITH YOU THAT I HAD TO TELL A CITY COUNCIL MEMBER HER DAUGHTER COULD NOT BE A LIFEGUARD AT THE MUNICIPAL POOL.
YOU CAN'T EVEN WALL YOURSELF OFF FROM THE HIRING DECISION, EVEN IF IT'S A CITY MANAGER HIRING IT. IT JUST WILL NOT.
AND THEY'RE JUST THAT'S STATE LAW.
THEY'RE JUST THAT CRAZY, STRICT.
OK. 10.09 IS KIND OF A HEAD SCRATCHER? YES.
I'VE SEEN WHEN A CHARTER IS JUST THE FIRST CHARTER IS CREATED AND ADOPTED, BUT Y'ALL BEEN GOING SINCE 1966.
IT'S OBSOLETE. SAME THING ON 10.11, IT'S A TRANSITIONAL PERIOD, IT NEEDS TO GO.
TEN POINT TWELVE IS USUALLY PUT AT THE BEGINNING OF A CHARTER.
WE WILL DOUBLE CHECK TO SEE IF IT'S IN THERE.
IT SHOULD ALMOST READ LIKE A PREAMBLE.
TEN POINT THIRTEEN SHOULD REALLY BE PART OF TEN POINT FIFTEEN.
WE'LL GET TO 10.15 IN A MINUTE.
[01:45:02]
[LAUGHTER] BUT OK [INAUDIBLE] SECRET POLICE.[LAUGHTER] I THOUGHT ABOUT THE SECRET POLICE WHEN EARLIER YOU TALKED ABOUT THE GALVESTON.
SEPARABILITY? WHAT I WOULD DO BECAUSE WE'RE GOING TO COME BACK WITH SOME PROPOSED GENERAL PROVISIONS AND THIS IS ONE OF THE NON SUBSTANTIVE CHANGES.
AND BY ORDINANCE WITHOUT HAVING TO GO TO AN ELECTION ON THIS JUST COUNCIL BY ORDINANCE CHANGES THE WORDS SEPARABILITY TO SEVERABILITY.
SO MAYBE WE SHOULD I THINK FOR OUR NEXT MEETING, I THINK YOU SHOULD COME BACK WITH AT LEAST FIVE OR SIX WORDS TO REPLACE THOSE WORDS.
NEW WORDS AND HAVE IT LOOK IT UP.
OK, SO CHARTER REVIEW COMMISSION, THAT'S YOU.
HAVE WE GONE MORE THAN SIX MONTHS? NO. OKAY. STARTED IN JUNE RIGHT? YEARS, SO YOU'RE REVIEWING THE CHARTER EVERY TWO YEARS.
THE STATE CONSTITUTION IS REMEMBER MY VERY FIRST MEETING WE LEARNED A NEW WORD.
OFTENER IT SAYS YOU CAN'T CHANGE THE CHARTER OFTENER THAN EVERY TWO YEARS.
MOST CHARTERS NOW ARE SAYING EVERY FIVE YEARS IT NEEDS TO BE REVIEWED, NOT EVERY OTHER YEAR. IF YOU WANT TO CHANGE THAT TO EVERY TO SOME OTHER NUMBER OTHER THAN EVERY TWO YEARS OR EVERY OTHER YEAR, TO EVERY FIVE YEARS.
SO EVERY FIVE YEARS YOU GOT TO REVIEW IT.
YOU CAN MAKE CHANGES IN BETWEEN, YOU DON'T HAVE TO WAIT FIVE YEARS TO DO IT.
BUT IF YOU MAKE CHANGES, YOU HAVE TO WAIT A FULL TWO YEARS AND THE AG HAS COME OUT AND SAID THAT'S TWO THREE HUNDRED AND SIXTY FIVE DAYS.
AND REMEMBER THE FIRST TUESDAY IN MAY CHANGES? AND SO WE KILLED AGAIN CHARTER AMENDMENTS BECAUSE THEY WERE A DAY SHORT.
SO EVERY OTHER YEAR SEEMS A LITTLE MUCH.
AS MUCH AS I'VE ENJOYED THIS, I THINK.
SO WHAT'S YOUR RECOMMENDATION, GRADY BASED ON OTHER CITIES, FIVE YEARS.
OK. I KIND OF AGREE IT'S KIND OF IN KEEP IN THE DISCUSSION, WE OUGHT TO GET IT DONE AND PUT IT ON THE SHELF AND THEN REALLY ONLY CHANGE IT BASED ON EITHER STATE LAW CHANGES OR IF WE WANT TO CHANGE TERMS OR SOME OTHER FUNCTIONALITY OF THE GOVERNMENT BUT NOT FORCE OURSELVES TO GO THROUGH THIS PROCESS EVERY OTHER YEAR.
BACK AND WE'RE HERE IN TWO YEARS AND WE'RE DOING ANOTHER PART AND WE COME TO IT, YOU KNOW? I AGREE.
TWO YEARS SEEMS A LITTLE MUCH.
10.15. DO YOU WANT TO REQUIRE PUBLISHING? THE REPORT THAT YOU GIVE TO CITY COUNCIL.
NO. BECAUSE THEY'RE MEETING WHERE THEY ACT ON, IT IS A PUBLIC MEETING, SO.
WHY PUBLISH WHAT'S PUBLIC ANYWAY WELL, THIS MIGHT BE A ALL RIGHT, SO UNDER TWO, IT SAYS THE CITY COUNCIL MAY ORDER SUCH AMENDMENTS OR AMENDMENTS TO BE SUBMITTED TO THE VOTERS, THE CITY COUNCIL HAS THE OPTION TO NOT ACT ON ANY OF THIS.
THEY CAN VETO WHAT YOU PROPOSE.
REQUIRES THE CITY COUNCIL TO SEND IT TO THE VOTERS BECAUSE THEY SO DISTRUSTED THE OLD MAYOR IN THE OLDER REGIMES.
BUT IF IT'S WORKING FOR YOU TO BE OPTIONAL, I WOULDN'T CHANGE IT.
BUT CLEARLY, IF THERE'S SOME DISSENSION, WE AT LEAST RECOMMEND STUFF THAT'S AGAINST STATE LAW THAT WE SAY WE OUGHT TO TAKE THIS OUT NOW.
[01:50:02]
RIGHT. AND THAT'S WHAT WE VOTE ON IF WE DON'T AGREE TO ANYTHING ELSE LIKE TERM LIMITS OR TERM OR THAT FRANCES GETS [INAUDIBLE] CITY SECRETARY FOR LIFE, YOU KNOW.TWO. I DON'T KNOW WHY THEY KEEP REFERRING TO AS THE PERSON WHO'S PERFORMING THE DUTIES OF CITY. WHAT DO WE DO WITH THE REST OF TWO.
WE'RE GOING TO KEEP IT AS IT IS.
YEAH. CITY COUNCIL SHALL RECEIVE [INAUDIBLE] REPORT.
I GUESS JUST COULD SAY CITY COUNCIL SHALL CONSIDER ANY RECOMMENDATIONS, I MEAN, OTHERWISE. I MEAN, DO WE HAVE TO GENERATE LIKE A REPORT THAT THEY ACTUALLY GO THROUGH AT OUR MEETING OR WILL THEY JUST BASICALLY GET OUR RED LINE VERSION AND THAT'S OUR REPORT TO THEM OR.
WHATEVER YOU WANT TO GIVE THEM. WELL, THAT'S JUST CURIOSITY.
POINTS AND THEN OPEN IT UP AND THEY NEED THEIR CARDIOLOGIST BECAUSE THEY SEE ALL THE RED AND WHAT HAVE YOU DONE? [LAUGHTER] AND THEN, YOU KNOW, NOW WAIT, WAIT, WAIT.
WE ARE UPDATING THE VERBIAGE MAKING IT CONSISTENT WITH STATE LAW.
AND COUNCIL CAN STILL MAKE THEIR OWN CHARTER AMENDMENTS AND SEND THEM TO THE VOTERS.
THEY DON'T HAVE TO WAIT EVERY FIVE YEARS FOR YOU ALL TO DO IT.
SO, TWO WOULD REMAIN THE SAME.
YES, OTHER THAN TAKING OUT THE AND HAVE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION TO HAVE THAT AUTOMATICALLY [INAUDIBLE] OR AUTOMATICALLY MOVE FORWARD? OH, I THINK THAT'S WHAT CHRIS WAS SAYING, ACTUALLY AT OUR JOINT MEETING WITH THEM, RIGHT? WHENEVER WE DISCUSSED THE PROPOSED CHANGES.
WELL, I MEAN, I WOULD THINK THAT WE WOULD PROPOSE ELIMINATING THINGS THAT CONFLICT WITH STATE LAW AS IF YOU DO ANYTHING, DON'T DO ANYTHING ELSE.
JUST THAT MAKES SENSE THAT IT WOULD BE THERE.
ANYTHING ELSE, LET'S JUST CLEAN IT UP.
TO BE DELETED BECAUSE IT'S SAYING HOW THIS IS SUBMITTED TO THE VOTERS IN FEBRUARY OF 1967. DOROTHY, WE'RE NOT IN KANSAS AND IT'S NOT 1967.
YOU MEAN SHORTER OR LONGER? LONGER. YOU KNOW, YOU MENTIONED THAT AND I GOT IN A REAL ARGUMENT WELL NOT ARGUMENT DISCUSSION IN FRONT OF A MAYOR AND CITY MANAGER WITH ONE OF MY COLLEAGUES OVER WHETHER SIX MONTHS WAS, I THOUGHT WE'D GET IT DONE IN TWO MEETINGS.
WE'VE JUST HAD TO EXTEND THAT TERM BECAUSE COVID AND NO MEETING PLACE AND WE'VE BUSTED TWO MEETINGS FOR LACK OF A QUORUM.
SO IT SEEMS TO BE KIND OF SHORT.
YEAH. AND I THINK WE'RE ON THE THIRD TIME OR TWO TIMES OR THREE TIMES THAT WE'VE HAD TO REAPPOINT THIS COMMISSION JUST BECAUSE OF THE TIME.
AND I DON'T KNOW IF WE GO TO EVERY FIVE YEARS, HOW THAT AFFECTS IT, BUT JUST SOMETHING TO THINK ABOUT SIX MONTHS AGO.
WOULD THERE BE A WAY TO ADD LANGUAGE IN THERE TO BASICALLY MAKE THE DEFAULT SIX MONTHS.
BUT. AT LEAST SIX MONTHS, RIGHT? SOME SORT OF ON MOTION OR WHATEVER CAN BE EXTENDED AN ADDITIONAL THREE MONTHS OR SOMETHING LIKE. WELL, HERE WE WENT TO COUNCIL AND JUST HAD THEM EXTENDED.
YEAH, MY ONLY THOUGHT, THOUGH, IS SIX MONTHS.
I FEEL KIND OF HOLDS YOUR FEET TO THE FIRE A LITTLE BIT.
GIVES YOU A SENSE OF URGENCY. YOU CAN'T JUST.
[01:55:01]
YEAH, IT GIVES YOU A LITTLE SENSE OF URGENCY.I THINK AS A COMMITTEE MEMBER GIVES YOU A LITTLE SENSE OF URGENCY OF COMMITMENT AND INCENTIVE TO BE PRESENT AND ENGAGE AT THE MEETINGS.
BUT I LOOK AT IT MAYBE DIFFERENTLY AND SAY THE COMMISSION HAS ONE YEAR TO GET THIS DONE, RIGHT, SO WHETHER IT GETS DONE IN TWO WEEKS OR 9 MONTHS, WHO CARES, IT'S YOU'RE GIVING THEM, ESPECIALLY IF YOU HAVE A FIVE YEAR THING LIKE, YOU KNOW, WE'RE NOT IN A RUSH. MAYBE WE WANT TO SPREAD IT OUT BECAUSE OF CITY EVENTS AND HOLIDAYS AND WHATEVER, BUT JUST PUT A DEADLINE AND SAY, GET IT DONE BY IN A YEAR.
AND IF YOU DON'T, YOU GO BACK TO THE COUNCIL AND ASK FOR AN EXTENSION.
SO THE WAY THAT THIS READS IS WE HAVE TO APPOINT AN EVEN NUMBER OF YEARS, WHICH WAS LAST YEAR. EVERY OCTOBER.
SO THEN THE SIX MONTHS WAS COMING UP JUST RECENTLY, AND WE HAD TO REAPPOINT YOU GUYS AGAIN TO MAKE SURE THAT EVERYTHING THAT WE'RE DOING NOW.
SO DO WE HAVE TO RESTART IN JANUARY.
TYPICALLY, UNLESS THIS IS AMENDED OUT, RIGHT? I'M JUST I'M BEING, YOU KNOW, LET'S THINK, THINK ABOUT THE SO IF YOU HAVE THIS ELECTION IN MAY OF 2022 AN EVEN YEAR, IT SAYS THE FIRST MEETING IN OCTOBER OF EVEN NUMBERED YEARS.
SO IF THAT'S REMOVED THEN YOU DON'T HAVE TO DO IT.
AND I THINK THIS WAS SORT OF DIFFERENT BECAUSE LIKE YOU MENTIONED ABOUT COVID AND YOU MENTIONED ABOUT THE FACT IT'S BEEN A WHILE SINCE IT'S BEEN REVIEWED.
SO INITIALLY WHEN WE STARTED, IT WAS A LITTLE BIT MORE OF A TEDIOUS PROCESS.
BUT LIKE YOU SEE IN THIS MEETING JUST TONIGHT, HAD WE PROGRESSED EARLY LIKE WE DID SIX MONTHS [INAUDIBLE] AN ISSUE.
SO I THINK BECAUSE HOW WE STARTED IT WAS DIFFERENT BECAUSE GOING FORWARD NOW, SINCE WE'RE MAKING ALL THESE CHANGES, HOPEFULLY THEY'LL BE ADOPTED AND SUCH.
THEN IN THE NEXT GO ROUND, IT SHOULD BE A FASTER PROCESS.
SO MAYBE SIX MONTHS WOULD BE LONG, BUT AT THE SAME TIME, YEAH, BUT AT THE SAME TIME, IT'S LIKE I DON'T WANT TO LIKE HAVE TO GO BACK AND GET THE APPROVAL AGAIN.
WELL, IT SAYS YOUR TERM SHALL BE.
THE TERM OF OFFICE OF THE CHARTER REVIEW SHALL BE SIX MONTHS, AND IF DURING SUCH TERM NO REPORT IS PRESENTED TO CITY COUNCIL, THEN ALL RECORDS PROCEEDINGS SHALL BE FILED WITH THE PERSON FROM THE [INAUDIBLE] CITY SECTOR.
SO IT DOESN'T SAY YOU HAVE TO MEET FOR SIX MONTHS.
YOU CAN DO IT IN TWO WEEKS IF YOU DID IT.
AGAIN, I'D BE A PROPONENT OF, YOU KNOW, UPON APPOINTMENT, YOU HAVE A YEAR TO GET IT DONE AND WHATEVER HOWEVER YOU SLICE THAT UP IS.
RIGHT, BECAUSE THE OTHER PART OF THAT TOO IS SO WHEN YOU THINK ABOUT THE TIMELINE, YOU KNOW, SO AGAIN, WE HAVE TO EVERYTHING BY DECEMBER, REALLY, YOU HAVE TO START BY MARCH.
SO REALLY, YOU HAVE TO APPOINT BY LIKE JANUARY TO GET IT DONE.
SO THE TERM IS REALLY ON THE PROCESS AND NOT THE APPOINTMENT.
NOT THE ACTUAL WORK OF THE COMMISSION, MORE SO JUST BECAUSE THE WAY IT READS RIGHT NOW.
IS IT. THAT'S WHY I THINK WITH THE FIVE YEAR THING, IT KIND OF WORKS A LITTLE BIT.
WITHIN THAT WINDOW OF THE FIFTH YEAR, YOU APPOINT, YOU GOT ABOUT A YEAR TO GET IT DONE.
YOU KNOW, AND IT MAY BE THE FOLLOWING YEAR YOU GET IT ON ELECTION BASED ON THE TIMING, BUT YOU KNOW, WHO REALLY CARES? SO YOU'RE SAYING THE TERM SHOULD BE 12 MONTHS INSTEAD OF SIX MONTHS? RIGHT? AND WHAT ABOUT THE ENDING ON THAT.
ALL RECORDS SHALL BE FILED WITH THE CITY SECRETARY AND BECOME.
IT'S ALL PUBLIC RECORD ANYWAY.
IT'S ALL PUBLIC RECORD ANYWAY.
WE'RE UNDER THE PUBLIC INFORMATION ACT.
RIGHT. BUT WHEN YOU MAY WANT TO SAY A FINAL REPORT.
RIGHT. RIGHT SO LET'S JUST SAY WE DO NOTHING GETS DONE WITH IT.
DOESN'T GO TO COUNCIL BUT AT LEAST A FINAL DOCUMENT IS COMPLETED SO THAT THERE IS A BASE DOCUMENT TO GO BACK AND SAY WHAT DID THEY DO LAST TIME THAT DIDN'T GET, CAN GET REVIEWED AND GET IT COMPLETED BECAUSE OTHERWISE YOU HAVE A WHOLE BUNCH OF MEETINGS WITH A WHOLE BUNCH OF NOTES, BUT YOU DON'T HAVE THIS, YOU KNOW.
SO I HAVE A QUESTION. SO WHEN WE WERE APPOINTED, THEN WE HAD OUR MEETINGS HOW FAR AFTER THE APPOINTMENT?
[02:00:02]
BECAUSE IT'S BASICALLY FROM THE TERM STARTS WITH THE APPOINTMENT.CORRECT? WELL, WE DIDN'T START OUR MEETINGS UNTIL LIKE A FEW MONTHS AFTER WE WERE APPOINTED.
BUT YOU WERE APPOINTED IN OCTOBER OF LAST YEAR.
BUT YOU'VE EXTENDED THE OR RENEWED THE APPOINTMENTS.
THIRD. OKAY YEAH I WALK WITH A SPRING IN MY STEP [LAUGHTER].
SO I GUESS WE CAN JUST [INAUDIBLE] TO PUT A SIX ONTO A YEAR BECAUSE COULD CHANGE IT TO 12 MONTHS AND THEN CLEAN UP THE END OF IT BECAUSE YOU DON'T NEED IT BECAUSE IT'S STATE LAW ANYWAY.
YEAH, BECAUSE WE WOULD HAVE TO USE IT ANYWAYS.
RIGHT SPEAKERS] THREE OR FOUR WEEKS OR SO. WELL, MAYBE SIX MONTHS.
YEAH. SO EITHER WAY SO IT COULD SAY AT SOME POINT YOU COULD SAY SUBMIT A FINAL REPORT.
AND AT THE END OF SAID TERM, SUBMIT A FINAL REPORT WITH THE CITY SECRETARY.
THAT COULD BE ACTED UPON BY THE CITY COUNCIL.
AND REPORT TO THE CITY COUNCIL.
PERIOD. RIGHT? I WOULD JUST SAY REPORT YEAH, THAT MAKES SENSE. OK.
ALL RIGHT. AND WE ARE FINISHED.
WE DON'T NEED TO TALK ABOUT 10.17.
I DIDN'T SEE THAT. WELL, IT'S PAST EIGHT O'CLOCK.
OKAY. AND THE SCORE IS STILL ZERO ZERO.
[5. Discussion and possible action on the Charter Review Commission meeting schedule.]
YEAH. SO REAL QUICK.WE HAVE TWO PEOPLE OUT THAT DAY.
SO WE NEED A LITTLE TIME, BY WE OF COURSE, I MEAN, JUDITH THE [INAUDIBLE] WE.
THEN WE'RE GETTING CLOSE TO THANKSGIVING.
WELL, IT'S GOT TO GO TO COUNCIL, THOUGH.
ANOTHER OPTION IS TO HAVE A MEETING ON NOVEMBER 30TH.
WHAT ARE YOUR THOUGHTS ON THAT? I LIKE THAT ONE. I CAN MAKE IT.
BECAUSE IF YOU'RE WANTING TO HAVE A JOINT MEETING [INAUDIBLE] ONE MEETING IN DECEMBER, AND THOSE ITEMS ARE DUE ON THE 7TH.
AND THEN CITY COUNCIL MEETING IS DECEMBER 14TH.
WE STILL HAVE TO HAVE ANOTHER MEETING TO FINALIZE THESE.
RIGHT? THAT'S WHAT FRANCES IS SUGGESTING NOVEMBER 30TH.
YES. AND THEN THE JOINT MEETING WILL BE ON THE 14TH.
AND THE JOINT MEETING WILL BE DECEMBER 14TH.
AND THAT'S GOING TO BE A CRAZY MEETING? YES, WE ALREADY KNEW THAT.
START EATING YOUR WHEATIES NOW.
AND WE CAN DO LATIN WORDS OR SOMETHING WORD THAT I WILL NOT SAY.
SHE CALLED HER TWIN BROTHER AND GOES HE JUST SENT ME ONE.
ALL RIGHT. SO I THINK WE GOT A SCHEDULE.
SO NEXT MEETING COUNCIL DECEMBER 14TH.
SO IS THERE ANY WAY THAT WE COULD START EARLY THAT NIGHT, LIKE 5:30? ON THE 30TH.
NOVEMBER 30TH? NO I'M TALKING ABOUT THE JOINT MEETING.
YOU ALREADY HAVE THAT. YOU ALREADY HAVE THAT IN THE WORKS.
[LAUGHTER] YOU DON'T WANT TO STAY HERE TILL PAST MIDNIGHT.
SO THAT TAKES US THROUGH OUR AGENDA ITEMS, RIGHT? DO WE HAVE ANY OTHER BUSINESS FOR THIS EVENING? ALL RIGHT. SO AT 8:07 WE ARE ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.